Please ensure Javascript is enabled for purposes of website accessibility

Criminal – Ineffective Assistance of Counsel

By: Derek Hawkins//December 2, 2015//

Criminal – Ineffective Assistance of Counsel

By: Derek Hawkins//December 2, 2015//

Listen to this article

WI Court of Appeals – District I

Case No:2014AP2672

Case Name: State of Wisconsin v. Larry D. Wright

Officials: Curley, P.J., Kessler, J., and Daniel L. LaRocque, Reserve Judge.

Pertinent Practice Areas: Criminal – Ineffective Assistance of Counsel

Larry D. Wright, acting pro se, appeals the order denying his postconviction motion without an evidentiary hearing brought pursuant to WIS. STAT. § 974.06 (2013-14).  In 2010, Wright was convicted by a jury of two counts of second-degree sexual assault of a child, contrary to WIS. STAT. § 948.02(2) (2009-10), and one count of child enticement, contrary to WIS. STAT. § 948.07(7) (2009-10). In this appeal, Wright contends that: (1) his postconviction counsel gave him ineffective assistance because he did not raise the claim of ineffective assistance of trial counsel in his direct appeal; (2) the trial court should have held a hearing on what he interprets as an unlawful ex parte communication with the jury outside his and his attorney’s presence that violated his right to be present at trial; and (3) the cumulative effect of these alleged errors was prejudicial. We conclude that his trial attorney was not ineffective. There was no prohibited ex parte communication with the jury and his right to be present was not implicated. Finally, since there were no errors, there was no prejudice. Further, because the issues Wright raises are not clearly stronger than those argued by his postconviction attorney, and the issues he presents, on their face, are insufficient to warrant relief, Wright was not entitled to an evidentiary hearing. We affirm.

Full Text


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.

Polls

Should Steven Avery be granted a new evidentiary hearing?

View Results

Loading ... Loading ...

Legal News

See All Legal News

WLJ People

Sea all WLJ People

Opinion Digests