Ineffective Assistance of Counsel

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WI Court of Appeals – District I

Case Name: State of Wisconsin v. Darryl Allen Flynn

Case No.: 2017AP935

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

Focus: Ineffective Assistance of Counsel

Darryl Allen Flynn, pro se, appeals an order denying his motion for postconviction relief. Flynn argues that his trial lawyer ineffectively represented him by failing to object to jury instructions that: (1) did not inform the jury of the State’s burden to disprove self-defense beyond a reasonable doubt for first-degree and second-degree reckless homicide; (2) did not inform the jury that, with regard to self-defense, a belief could be reasonable, even though it is mistaken; (3) did not properly inform the jury to consider the law of self-defense of others with each offense; and (4) did not inform the jury that Flynn had a right to protect his children. Flynn further argues we should exercise our discretionary power to grant him a new trial in the interests of justice under WIS. STAT. § 752.35 (2015-16). 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.