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Ineffective Assistance of Counsel

By: Derek Hawkins//March 19, 2018//

Ineffective Assistance of Counsel

By: Derek Hawkins//March 19, 2018//

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7th Circuit Court of Appeals

Case Name: Rodney Washington v. Gary A. Boughton

Case No.: 16-3253

Officials: WOOD, Chief Judge, HAMILTON, Circuit Judge, and BUCKLO, District Judge

Focus: Ineffective Assistance of Counsel

A Wisconsin jury convicted Rodney Washington of multiple counts of first-degree sexual assault with the use of a dangerous weapon and other crimes. Washington appealed his conviction, arguing that the criminal complaint that triggered his prosecution was legally insufficient under Wisconsin law; that his trial attorney was ineffective for failing to seek dismissal of the complaint on that ground; and that the trial court deprived him of his constitutional right to self-representation. After exhausting these claims in state court, Washington sought federal habeas corpus relief. The district court denied his petition.

We conclude that neither Washington’s due process challenge to the state appellate courts’ treatment of his claim based on the sufficiency of his charging documents nor his ineffective assistance of counsel claim entitles him to habeas relief. We are convinced, however, that the state courts’ denial of his request to proceed pro se cannot be squared with Faretta v. California, 422 U.S. 806 (1975). Accordingly, we reverse.

Reversed and Remanded

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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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