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Ineffective Assistance of Counsel – Discharge Hearing
By: Derek Hawkins//July 5, 2017//
Listen to this articleWI Court of Appeals – District IV
Case Name: State of Wisconsin v. Scott Maher
Case No.: 2015AP2658
Officials: Lundsten, Sherman and Blanchard, JJ
Focus: Ineffective Assistance of Counsel – Discharge Hearing
Scott Maher appeals an order that denied his petition for discharge or supervised release from a Chapter 980 commitment, and a subsequent order denying his motion for a new trial. The sole issue on appeal is whether Maher was denied the effective assistance of counsel at his discharge hearing when his attorney failed to object to purported hearsay testimony from both the State’s expert witness and his own expert witness regarding prior psychological evaluations of Maher that had been performed by other experts. For the reasons discussed below, we reverse and remand with directions that Maher be provided with a new hearing on his discharge petition.
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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