Ineffective Assistance of Counsel

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WI Court of Appeals – District II

Case Name: State of Wisconsin v. Manuel Rolon

Case No.: 2017AP413-CR

Officials: Neubauer, C.J., Reilly, P.J., and Gundrum, J.

Focus: Ineffective Assistance of Counsel

A jury convicted Manuel Rolon of second-degree recklessly endangering safety and substantial battery (bodily harm intended). Rolon appeals from the judgment of conviction and from a circuit court order denying his postconviction motion alleging ineffective assistance of trial counsel. The case against Rolon arose out of a violent confrontation with a church property manager. Rolon, who had been living on church property allegedly without permission, repeatedly hit the victim with a metal shovel, severely injuring him. The confrontation occurred after the victim notified Rolon that the church owner (David Davenport) had directed that the locks be changed, and Rolon should not be on the premises. The jury convicted Rolon in the attack on the victim.

Postconviction, Rolon alleged two ineffective assistance of trial counsel claims. The circuit court held an evidentiary hearing on the first claim and denied Rolon’s request for a new trial because the court determined that counsel was not ineffective when counsel withdrew a request to adjourn the trial. Without holding an evidentiary hearing, the circuit court denied the second claim that Rolon’s trial counsel was ineffective for not objecting to references to him as a “squatter” on the church property.

We agree with the circuit court that Rolon’s ineffective assistance claim did not warrant an evidentiary hearing. The jury heard conflicting testimony about the basis for Rolon’s presence on the property. Two witnesses testified that Rolon was a squatter. Rolon also testified in lay terms about his basis for being on the church property: he had purchased the property, and he was in an ownership dispute with Davenport, the party who directed that the locks be changed. We conclude that even if trial counsel should have objected to the squatter testimony, it is not reasonably probable that the trial outcome would have been different had counsel objected. Because the record demonstrated that Rolon was not entitled to relief on this ineffective assistance claim, the circuit court properly exercised its discretion when it denied the claim without an evidentiary hearing.

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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.