Ineffective Assistance of Counsel

By: Derek Hawkins//April 5, 2018//

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WI Court of Appeals – District III

Case Name: State of Wisconsin v. Rick J. Gurholt

Case No.: 2017AP485-CR

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

Focus: Ineffective Assistance of Counsel

Rick Gurholt appeals a judgment convicting him of three counts of sexually assaulting his eleven-year-old stepdaughter, Nancy. He also appeals an order denying his postconviction motion, in which he alleged ineffective assistance of trial counsel. Gurholt contends his counsel was ineffective for: (1) questioning witnesses regarding accusations by his wife, the victim’s mother, that Gurholt looked at child pornography on his computer; and (2) failing to call Rusty Gurholt, his cousin, as a witness to contradict accusations that Rusty pressured the victim into withdrawing her accusations. He also seeks a new trial in the interest of justice, claiming the real controversy was not fully tried. We reject these arguments and affirm both the judgment and the order.

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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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