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Ineffective Assistance of Counsel

By: Derek Hawkins//June 22, 2016//

Ineffective Assistance of Counsel

By: Derek Hawkins//June 22, 2016//

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WI Court of Appeals – District I

Case Name: State of Wisconsin v. Margarito J. Hernandez

Case No.: 2015AP1347-CR; 2015AP1348-CR

Officials: Kessler, Brennan and Brash, JJ.

Focus: Ineffective Assistance of Counsel

Margarito Juan Hernandez appeals two judgments of conviction, one entered upon his guilty plea to burglary while armed as a party to a crime, the other entered after a jury found him guilty of possessing an electric weapon. He also appeals orders denying him postconviction relief. He contends his trial counsel was ineffective at sentencing by failing to impeach the credibility of one of the burglary victims who spoke at the proceeding. He further contends the circuit court erroneously denied him an evidentiary hearing to air his claim. We reject his contentions and affirm.

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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.[/box]

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