Ineffective Assistance of Counsel

By: Derek Hawkins//March 15, 2016//

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WI Court of Appeals – District I

Case Name: State of Wisconsin v. Todd Brian Tobatto

Case No.: 2015AP254-CR

Officials: Curley, P.J., Kessler and Brennan, JJ

Focus: Ineffective Assistance of Counsel

The State of Wisconsin appeals an order of the postconviction court granting a new trial to Todd Brian Tobatto. The postconviction court found that Tobatto’s trial counsel rendered ineffective assistance with respect to jury selection. Specifically, the postconviction court determined that counsel’s failure to remove a particular juror, Juror Number Ten (Juror 10), prejudiced Tobatto’s trial. We conclude that Juror 10 was not shown to be biased and therefore trial counsel was not ineffective. Therefore, Tobatto is not entitled to a new trial. We reverse.

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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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