Ineffective Assistance of Counsel

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WI Court of Appeals – District I

Case Name: State of Wisconsin v. Allen D. Bland

Case No.: 2017AP607-CR

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

Focus: Ineffective Assistance of Counsel

Allen D. Bland appeals from a judgment of conviction, entered on a jury verdict, for first-degree sexual assault of a child under age twelve. The charge was based on Bland’s sexual assault of his elevenyear-old daughter, T., at his house when she was there for a weekend visit in June 2014. The jury acquitted Bland on a second charge of three or more sexual assaults of the same child. He also appeals the circuit court’s order denying his postconviction motion.

Bland seeks a new trial on the grounds that his constitutional and statutory rights were violated. In the alternative, he seeks an evidentiary hearing on his claims (1) that trial counsel failed to question Juror 14 about his attentiveness during testimony and (2) that trial counsel failed to assert Bland’s constitutional and statutory right to be present during the individual questioning of Juror 1 and Juror 3 by the court and trial counsel. He argues his absence during the court’s questioning of Jurors 1 and 3, and the failure to question Juror 14 at all denied him a fair trial. He further argues that trial counsel rendered constitutionally ineffective assistance for failing to move for a mistrial, and for failing in closing argument to attack the victim’s testimony about a specific assault as “wholly incredible.” We reject Bland’s arguments and 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.