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Ineffective Assistance of Counsel – Misstatement of Law

By: Derek Hawkins//December 7, 2016//

Ineffective Assistance of Counsel – Misstatement of Law

By: Derek Hawkins//December 7, 2016//

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WI Court of Appeals – District IV

Case Name: State of Wisconsin v. Gerrod R. Bell

Case No.: 2015AP2667-CR; 2015AP668-CR

Officials: Kloppenburg, P.J., Lundsten, and Blanchard, JJ

Focus: Ineffective Assistance of Counsel – Misstatement of Law

Gerrod Bell appeals the judgment of conviction, following a jury trial, on multiple charges of sexual assault involving two victims, then aged 17 and 14, and the order denying his motion for a new trial. Bell makes two arguments. First, Bell argues that the prosecutor misstated the law to the jury, by arguing that in order to acquit Bell jurors “must believe” that the two victims lied about the alleged sexual assaults, and that if either victim was lying there should be evidence of that victim’s motive to lie. Second, Bell makes an ineffective assistance of counsel argument involving exhibits provided to the jury during deliberations. Bell contends that trial counsel performed deficiently in failing to seek redaction of the exhibits to eliminate references to statements by the 14-year-old alleged victim that she had “never had sex” with anyone before Bell had sexual intercourse with her. Bell further contends that he was prejudiced by the jury’s access to these unredacted exhibits. We conclude that Bell is not entitled to relief on either issue, because the prosecutor did not misstate the law and because Bell fails to show prejudice from the jury’s access to the unredacted exhibits. Accordingly, 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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