Court Error – Subpoena – Ineffective Assistance of Counsel

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WI Court of Appeals – District I

Case Name: State of Wisconsin v. Keimonte Antonie Wilson, Sr.

Case No.: 2015AP671-CR

Officials: Kessler, Brennan and Brash, JJ.

Focus: Court Error – Subpoena – Ineffective Assistance of Counsel

Keimonte Antonie Wilson, Sr., appeals from a judgment of conviction, entered upon his guilty plea, for one count of possession with intent to deliver between five and fifteen grams of cocaine. Wilson also appeals the order denying his motion for postconviction relief. He contends that the circuit court erred when it concluded Wilson improperly served a subpoena, so the court also erred in refusing to adjourn the hearing for re-service or to issue a body attachment for the witness. Wilson also asserts that trial counsel was ineffective for failing to argue that the service was proper or, alternatively, for failing to properly subpoena the witness. We conclude the circuit court properly interpreted the subpoena rules and that no prejudice has been shown from the failure to obtain the witness’s testimony. We therefore 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.