Ineffective Assistance of Counsel

By: Derek Hawkins//May 9, 2018//

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WI Court of Appeals – District II

Case Name: State of Wisconsin v. Kody J. Congdon

Case No.: 2017AP1457

Officials: Lundsten, P.J., Blanchard and Kloppenburg, JJ.

Focus: Ineffective Assistance of Counsel

Kody Congdon appeals an order that denied his postconviction motion for plea withdrawal. The issues raised on appeal are whether there was a factual basis for the plea and whether trial counsel provided ineffective assistance leading up to the plea by arranging for Congdon to take a polygraph test and by advising Congdon that he could not take the stand and perjure himself. We conclude that Congdon is judicially estopped from challenging the factual basis for the plea, and that the facts adduced at the postconviction hearing do not support a conclusion that trial counsel provided ineffective assistance. Accordingly, 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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