Due Process Violation

By: Derek Hawkins//July 3, 2018//

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WI Court of Appeals – District III

Case Name: State of Wisconsin v. Dylan James Swanson

Case No.: 2017AP1439-CR

Officials: Stark, P.J., Hruz and Seidl, JJ.

Focus: Due Process Violation

Dylan Swanson appeals a judgment of conviction for three counts of burglary as party to the crime and an order denying his postconviction motion. Swanson argues he was denied his due process right to a fair trial because of prosecutorial misconduct. The alleged misconduct took two forms: (1) the prosecutor “overcharging” him with a total of nineteen burglary offenses, sixteen of which were dismissed at the close of the State’s case based on a lack of evidence; and (2) certain comments the prosecutor made during the State’s closing argument. Swanson also argues his sentences for the three burglary convictions were based on an improper factor, namely, the facts underlying the offenses for which he was acquitted.

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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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