Ineffective Assistance of Counsel

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WI Court of Appeals – District III

Case Name: State of Wisconsin v. James E. Anderson

Case No.: 2016AP2128-CR

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

Focus: Ineffective Assistance of Counsel

James Anderson appeals a judgment of conviction for various criminal offenses, entered upon jury verdicts, and an order denying his motion for postconviction relief. The evidence at trial established that the victim, Anderson’s mother, escaped from Anderson after he committed acts of physical violence against her, including strangulation. At trial, the State called the emergency room physician who treated the victim, as well as two police officers who interviewed her following her escape.

Anderson argues his trial attorney was constitutionally ineffective for failing to retain a medical expert to counter the emergency room physician’s testimony. However, Anderson has failed to demonstrate that the alleged deficiency prejudiced his defense. He significantly overstates the emergency room physician’s testimony. In fact, Anderson’s postconviction expert agreed with the physician’s testimony in most respects. In light of all the trial evidence, Anderson has failed to demonstrate a reasonable probability of a different result if his trial counsel had countered the treating physician’s testimony with his own medical expert’s testimony.

Anderson also faults his trial counsel for failing to object to the police officers’ testimony in which they described what the victim had told them. Anderson claims this testimony improperly “bolstered” the victim’s credibility and constituted hearsay. We reject these arguments because Anderson’s and the victim’s respective credibility were critical issues from the very beginning of the trial, and Anderson has failed to establish that the testimony was hearsay. For related reasons, we also conclude the admission of the officers’ testimony was neither plain error nor constitutionally problematic. We affirm in all respects.

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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.