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Ineffective Assistance of Counsel

By: Derek Hawkins//April 12, 2017//

Ineffective Assistance of Counsel

By: Derek Hawkins//April 12, 2017//

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WI Supreme Court

Case Name: State of Wisconsin v. Stanley J. Maday, Jr.

Case No.: 2017 WI 28

Focus: Ineffective Assistance of Counsel

On January 15, 2013, following a jury trial, Maday was convicted of three counts of first-degree sexual assault of a child. Maday moved for postconviction relief, arguing that he received ineffective assistance of counsel because: (1) his counsel failed to object to two questions the prosecutor asked Catherine Gainey (“Gainey”), the social worker who conducted a cognitive graphic interview with the child victim in this case, and (2) his counsel should not have withdrawn an objection to the introduction of evidence about Maday’s job-related training in the use of weapons and the use of force. We hold that Gainey’s testimony about the absence of indications during the cognitive graphic interview, either that K.L. had been coached or that K.L. was being dishonest, does not violate the Haseltine2 rule, and is therefore admissible. We so hold for three reasons. First, Gainey’s testimony was limited to her observations of indications of coaching and dishonesty. Second, by limiting her testimony to indications of coaching and dishonesty, Gainey did not provide a subjective opinion as to K.L.’s truthfulness. Third, testimony, such as Gainey’s, may assist the jury. Accordingly, we conclude that Maday’s counsel was not ineffective for failing to object to Gainey’s testimony and counsel’s performance was therefore not deficient. Furthermore, we conclude Maday’s counsel was not ineffective for withdrawing his objection to the introduction of evidence of Maday’s job-related training in the use of weapons and the use of force because Maday was not prejudiced by that testimony.

The decision of the court of appeals is, therefore, reversed.

Concur: Bradley,

Dissent: Bradley, Abrahamson

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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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