Ineffective Assistance of Counsel – Exculpatory Evidence Withheld

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WI Court of Appeals – District IV

Case Name: State of Wisconsin v. Lee Chang

Case No.: 2016AP2451-CR

Officials: Blanchard, Kloppenburg, and Fitzpatrick, JJ.

Focus: Ineffective Assistance of Counsel – Exculpatory Evidence Withheld

On appeal, Chang argues that: (1) trial counsel was ineffective in failing to attempt to elicit trial testimony regarding pretrial statements of Z.Y. consistent with her exculpatory trial testimony (beyond the evidence of this type that counsel did elicit, as referenced above), failing to adequately investigate evidence and witnesses who could testify to prior consistent statements, and failing to object to testimony about Z.Y.’s stay at the domestic violence shelter; 1 (2) the State withheld exculpatory evidence or failed to timely disclose exculpatory evidence; and (3) Chang is entitled to a new trial under the doctrine of plain error based on improper closing remarks by the prosecutor. For the foregoing reasons, we affirm the judgment of conviction and the circuit court’s order denying Chang’s motion for post-conviction relief.

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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.