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Right to New Trial – Ineffective Assistance of Counsel

By: Derek Hawkins//November 24, 2015//

Right to New Trial – Ineffective Assistance of Counsel

By: Derek Hawkins//November 24, 2015//

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Criminal

WI Court of Appeals: District IV

Officials: Kloppenburg, P.J., Sherman and Blanchard, JJ.

Right to New Trial  – Ineffective Assistance of Counsel

2014AP2813-CR State of Wisconsin v. Jeffrey P. Lepsch

Jeffrey Lepsch appeals a judgment of conviction and an order denying postconviction relief. Lepsch contends that he is entitled to a new trial because: (1) the administration of the oath to the jury venire by the clerk of the circuit court in the jury assembly room violated Lepsch’s rights to be present at critical stages of his trial, to a public trial, and to receive a trial by a jury sworn to be impartial; (2) Lepsch was denied his right to an impartial jury because the jury panel included biased jurors; and (3) Lepsch was denied due process when the circuit court failed to provide Lepsch with the proper number of peremptory strikes and failed to remove biased jurors for cause. Lepsch also contends that his trial counsel was ineffective by failing to correct those errors at trial. For the reasons set forth below, we reject these contentions. We affirm.

Affirmed. Per Curiam

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.

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