PAC 7th

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WI Court of Appeals – District III

Case Name: State of Wisconsin v. Kenneth W. Funk

Case No.: 2014AP2698-CR

Officials: Stark, P.J., Hruz and Seidl, JJ.

Focus: PAC 7^th

Kenneth Funk appeals a judgment convicting him of seventh-offense driving with a prohibited alcohol concentration. He also appeals an order denying his postconviction motion in which he alleged ineffective assistance of trial counsel and requested a new trial in the interest of  justice. Funk contends his trial counsel was ineffective for failing to investigate Funk’s allegation that the arresting officer refused his request for an additional or alternative test pursuant to WIS. STAT. § 343.305(5) (2013-14), and for failing to file a motion to suppress the results of the blood test on that basis. The circuit court found Funk made no such request to the arresting officer. Because the circuit court’s finding is based on the credibility of witnesses and is not clearly erroneous, we affirm the judgment and order.

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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.