Ineffective Assistance of Counsel

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WI Court of Appeals – District I

Case Name: State of Wisconsin v. John McClaine Terrell

Case No.: 2017AP771-CR

Officials: Blanchard, Kloppenburg and Fitzpatrick, JJ.

Focus: Ineffective Assistance of Counsel

John Terrell was sentenced after pleading guilty to one count of third-degree sexual assault for sexual intercourse without consent and one count of exposing genitals. Terrell filed a postconviction motion, seeking either resentencing because at the sentencing hearing the parties and the sentencing court used his suppressed involuntary statements to police in violation of his due process rights, or a Machner hearing because Terrell’s trial counsel was ineffective for failing to object to the use of the suppressed involuntary statements at the sentencing hearing. The postconviction court denied the motion without a hearing.2 Terrell renews his postconviction arguments on appeal. We take Terrell to concede the State’s argument that Terrell forfeited his right to directly challenge the use of the suppressed involuntary statements because Terrell does not refute that argument in his reply brief, and we conclude that Terrell was not denied effective assistance of counsel because Terrell fails to show that he was prejudiced by his trial counsel’s performance. Accordingly, 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.