Court Error – Ineffective Assistance of Counsel – Admittance of Hearsay

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WI Court of Appeals – District I

Case Name: State of Wisconsin v. Raymond L. Nieves

Case No.: 2014AP1623-CR

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

Focus: Court Error – Ineffective Assistance of Counsel – Admittance of Hearsay

P.J. Raymond L. Nieves appeals a judgment of conviction for first-degree intentional homicide, as a party to a crime and with the use of a dangerous weapon, contrary to WIS. STAT. §§ 940.01(1)(a), 939.50(3)(a), 939.05, and 939.63(1)(b) (2009-10), and attempted first-degree intentional homicide, as a party to a crime and with the use of a dangerous weapon, contrary to WIS. STAT. §§ 940.01(1)(a), 939.50(3)(a), 939.32, 939.05, and 939.63(1)(b) (2009-10). Nieves also appeals the order denying his postconviction motion. On appeal, Nieves argues that: (1) the court erred when it denied, without a hearing, his postconviction motion asserting that his trial counsel was ineffective for failing to sufficiently investigate and present an alibi defense; (2) the trial court erred when it denied his pretrial severance motion; and (3) the trial court improperly admitted unreliable and prejudicial hearsay testimony at trial. Because we agree that the trial court erred in denying Nieves’s motion to sever, and admitted unreliable and prejudicial hearsay testimony, we reverse and remand for a new trial.

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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.