Ineffective Assistance of Counsel – Evidentiary Rulings

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WI Court of Appeals – District III

Case Name: State of Wisconsin v. Brandon L. Hilgenberg

Case No.: 2015AP2586-CR

Officials: Stark, P.J., Hruz and Seidl, JJ.

Focus: Ineffective Assistance of Counsel – Evidentiary Rulings

Brandon Hilgenberg appeals judgments of conviction, entered following a jury trial, for three drug-related crimes (two felonies and one misdemeanor), as well as an order denying his postconviction motion. He challenges certain of the circuit court’s evidentiary rulings, argues his attorney rendered constitutionally ineffective assistance, and asserts the evidence was insufficient to convict him of possession of drug paraphernalia. The State concedes Hilgenberg’s conviction for possession of drug paraphernalia cannot stand. We therefore reverse the judgment of conviction separately entered for that count and the associated portion of the postconviction order, and we remand with directions that the circuit court vacate that judgment and dismiss that charge. In all other respects, we reject Hilgenberg’s arguments 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.