Ineffective Assistance of Counsel

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WI Court of Appeals – District I

Case Name: State of Wisconsin v. Ronald Lee Gilbert

Case No.: 2016AP1852-CR

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

Focus: Ineffective Assistance of Counsel

Ronald Lee Gilbert appeals from the judgment of conviction, following a jury trial, for trafficking of a child, second-degree sexual assault of a child, and intentional child abuse. He also appeals the denial of his postconviction motions.

On appeal, Gilbert contends that trial counsel provided ineffective assistance because trial counsel (1) did not challenge cellular phone data presented as impeachment evidence by the State; (2) did not obtain critical discovery before trial regarding the cellular phone data; (3) did not impeach witnesses with their prior inconsistent statements; (4) did not strike a biased juror; and (5) made improper comments during closing argument. Gilbert maintains that he was prejudiced by each of the five deficiencies and by their cumulative effect. He asserts that the postconviction court should have reversed his conviction or, at a minimum, conducted an evidentiary hearing.

We conclude that, with the exception of the failure to strike the juror, Gilbert has alleged sufficient facts to warrant an evidentiary hearing and, therefore, we affirm the order in part, reverse the order in part, and remand this matter for a Machner 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.