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Due Process Violation
By: Derek Hawkins//December 20, 2016//
Listen to this articleWI Court of Appeals – District I
Case Name: State of Wisconsin v. Raymond Cesar Ortiz
Case No.: 2015AP2569-CR
Officials: Brennan, P.J., Kessler and Brash, JJ.
Focus: Due Process Violation
Raymond Cesar Ortiz appeals the judgment convicting him after a jury trial of two counts of repeated sexual assault of a child and one count of child enticement. See WIS. STAT. §§ 948.025(1)(ar)(2005-06), 948.07(3) (2005-06, 2007-08) & 948.025(1) (2007-08, 2009-10). 1 He also appeals the order denying his motion for postconviction relief. Ortiz claims the State violated WIS. STAT. § 971.29(2) (2013-14) and denied him due process when it added two new charges in an amended information without seeking leave of the trial court to do so. We conclude that Ortiz forfeited this claim by failing to object to the amendment of the information in the trial court. Accordingly, we affirm
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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Case Digests
- Ineffective Assistance of Counsel; Double Jeopardy; Sentencing
- Ineffective Assistance of Counsel; Sexual Assault-Prosecutorial Misconduct
- Contract-Negligence
- Criminal Law; Juvenile Law; Discovery
- Family Law; Child Support; Property Division First paragraph(s)
- Ineffective Assistance of Counsel- Exclusion of Evidence of Witness Bias
- Postconviction Relief-Sentencing-Ineffective Assistance of Counsel
- 14th Amendment – Due Process
- Criminal-Sentencing Guidelines – Enhancement
- Bankruptcy-Tax
- Civil Rights – 14th Amendment-Jury Instructions
- Contract; Foreclosure and Property
