Please ensure Javascript is enabled for purposes of website accessibility

Ineffective Assistance of Counsel

By: Derek Hawkins//April 16, 2018//

Ineffective Assistance of Counsel

By: Derek Hawkins//April 16, 2018//

Listen to this article

WI Court of Appeals – District I

Case Name: State of Wisconsin v. Luis F. Pizzaro

Case No.: 2016AP889-CR

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

Focus: Ineffective Assistance of Counsel

Luis Pizzaro appeals a judgment of conviction for three felonies and an order denying his postconviction motion. Pizzaro argues he was denied his due process right to a fair trial because the circuit court repeatedly reminded a witness who was testifying on the State’s behalf pursuant to a grant of immunity that she was required to testify truthfully and could be subject to a perjury charge for testifying falsely. Pizzaro also argues his trial counsel rendered ineffective assistance by failing to object to those admonitions.

We conclude Pizzaro has forfeited his due process argument based on his attorney’s failure to object. We also conclude Pizzaro has failed to demonstrate he was prejudiced by his counsel not objecting, as the circuit court’s admonitions were warranted by the witness’s behavior and were not objectively so strong as to render the witness’s subsequent testimony involuntary. Moreover, there is no evidence supporting a conclusion that the witness actually felt coerced or testified falsely in response to the court’s reasonable admonishments. Accordingly, we affirm.

Full Text


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.

Polls

Should Steven Avery be granted a new evidentiary hearing?

View Results

Loading ... Loading ...

Legal News

See All Legal News

WLJ People

Sea all WLJ People

Opinion Digests