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Ineffective Assistance of Counsel

By: Derek Hawkins//January 30, 2018//

Ineffective Assistance of Counsel

By: Derek Hawkins//January 30, 2018//

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WI Court of Appeals – District I

Case Name: State of Wisconsin v. Mark Daniel Cabagua

Case No.: 2015AP2267

Officials: Brennan, P.J., Brash and Dugan, JJ.

Focus: Ineffective Assistance of Counsel

Mark Daniel Cabagua, pro se, appeals the circuit court order denying his WIS. STAT. § 974.06 (2015-16) motion to withdraw his Alford pleas to repeated sexual assault of a child, first-degree sexual assault of a child, and second-degree sexual assault of a child. We conclude: (A) Cabagua was properly informed of the elements of the crimes to which he entered pleas; (B) exculpatory evidence was not withheld; (C) the documents Cabagua relies on are not newly discovered evidence; (D) neither Cabagua’s trial counsel nor his postconviction counsel were ineffective; and (E) Cabagua is not entitled to a new trial in the interest of justice. Therefore, we 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.

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