Sufficiency of Evidence – Ineffective Assistance of Counsel

By: Derek Hawkins//November 21, 2016//

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WI Court of Appeals – District I

Case Name: State of Wisconsin v. Isiah O. Smith

Case No.: 2015AP1645-CR

Officials: Kessler, Brennan and Brash, JJ.

Focus: Sufficiency of Evidence – Ineffective Assistance of Counsel

Isiah O. Smith appeals a judgment of conviction, following a jury trial, of one count of second-degree reckless homicide as a party to a crime. Smith also appeals from the order denying his postconviction motion for relief pursuant to WIS. STAT. § 809.30 (2013-14). On appeal, Smith argues that: (1) there was insufficient evidence to convict him of second-degree reckless homicide as a party to a crime; (2) the trial court erred in failing to issue a jury instruction used by the United States Court of Appeals for the Seventh Circuit addressing a party’s “mere presence” during the commission of a crime; and (3) trial counsel was ineffective for failing to remove a juror, who was fearful of retaliation from Smith’s family, from the jury panel during deliberations. 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.

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