Sentence Modification – Motion to Withdraw as Counsel

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WI Court of Appeals – District IV

Case Name: State of Wisconsin v. Timothy L. Stewart

Case No.: 2016AP1581-CR

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

Focus: Sentence Modification – Motion to Withdraw as Counsel

Timothy Stewart, pro se, appeals a judgment of conviction and an order denying postconviction relief. Stewart contends that: (1) he is entitled to sentence modification, resentencing, or plea withdrawal based on evidence as to Stewart’s mental health and the extent of the victim’s injury; (2) Stewart’s trial counsel was ineffective; (3) the circuit court erroneously exercised its discretion by denying Stewart’s trial counsel’s motion to withdraw so that new counsel could be appointed; (4) Stewart did not waive his preliminary hearing as to his substantial battery charge; (5) Stewart’s appointed postconviction counsel was ineffective; and (6) Stewart is entitled to an in-camera inspection of the victim’s mental health records. For the reasons set forth below, we reject these contentions and 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.