Ineffective Assistance of Counsel

By: Derek Hawkins//June 6, 2018//

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WI Court of Appeals – District I

Case Name: State of Wisconsin v. Michael H. Gilbreath

Case No.: 2016AP2471

Officials: Blanchard, Kloppenburg, and Fitzpatrick, JJ.

Focus: Ineffective Assistance of Counsel

A jury found Michael Gilbreath guilty of first degree sexual assault of a child based on allegations that Gilbreath had repeated sexual contact with his step-granddaughter, S.L., beginning when she was nine and ending when she was twelve. Gilbreath makes four arguments on appeal: (1) he is entitled to a new trial in the interest of justice because the real controversy was not fully tried; (2) his trial counsel was ineffective for failing to present additional evidence to undermine S.L.’s credibility; (3) the State’s failure to disclose an alleged recorded statement of S.L. warrants a new trial; and (4) the circuit court erred in denying Gilbreath’s post-conviction request for an in camera review of alleged mental health records of S.L. For reasons discussed below, 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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