Ineffective Assistance of Counsel – Motion to Supress

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WI Court of Appeals – District II

Case Name: State of Wisconsin v. Lewis O. Floyd, Jr.  

Case No.: 2015AP1294-CR

Officials: Reilly, P.J., Gundrum and Hagedorn, JJ.

Focus: Ineffective Assistance of Counsel – Motion to Supress

Lewis Floyd, Jr., appeals his judgment of conviction, arguing the circuit court erred in denying his motion to suppress evidence of illegal drugs discovered on him during a traffic stop. He contends the arresting deputy unlawfully (1) extended the stop beyond the time necessary t issue various citations and (2) searched Floyd’s person without his voluntary consent.  Floyd also appeals the denial of his postconviction motion, asserting his trial counsel performed ineffectively by failing to call as a witness at the suppression hearing another officer at the scene to testify that the deputy did not ask Floyd if he could search him but told Floyd he was going to do so. Floyd contends that if this officer had been called to the stand, the circuit court would not have found Floyd’s consent to the search to have been voluntary and the evidence of illegal drugs would have been suppressed. For the following reasons, we 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.