Court Error – Sufficiency of Evidence and Suppressed Postconviction Motion

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WI Court of Appeals – District IV

Case Name: State of Wisconsin v. Eligio R. Bacallao, Jr.

Case No.: 2016AP1296-CR; 2016AP1297-CR; 2016AP1298-CR; 2016AP1299-CR

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

Focus: Court Error – Sufficiency of Evidence and Suppressed Postconviction Motion

Eligio Bacallao was convicted of multiple offenses after a trial to the circuit court at which he represented himself. Then, represented by counsel, Bacallao filed a postconviction motion for relief alleging that there was insufficient evidence to convict him of one of the offenses, third degree sexual assault, and that the circuit court erred when it allowed Bacallao to represent himself before and at trial. The court denied Bacallao’s motion without a hearing. Bacallao renews his postconviction arguments on appeal, and also argues that the circuit court erred in denying his postconviction motion without a hearing and that he is entitled to a new trial in the interest of justice. We reject each of Bacallao’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.