Plea Withdrawal – Ineffective Assistance of Counsel

By: Derek Hawkins//May 8, 2018//

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WI Court of Appeals – District III

Case Name: State of Wisconsin v. Wayne A. Johnson

Case No.: 2017AP729-CR

Officials: HRUZ, J.

Focus: Plea Withdrawal – Ineffective Assistance of Counsel

Wayne Johnson appeals a judgment, entered upon his guilty pleas, convicting him of two counts of fourth-degree sexual assault of a child and an order denying his postconviction motion. Johnson seeks to withdraw his pleas on the basis that his trial counsel provided ineffective assistance. Specifically, Johnson claims that his counsel failed to cite and argue the correct legal standard for obtaining in camera review of the victim’s counseling records and that, under the applicable facts and law, he was entitled to such review. We reject Johnson’s argument on the second point, concluding he would not have met his initial burden for entitlement to in camera review. Accordingly, Johnson suffered no prejudice from any deficient performance, and 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.

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