Ineffective Assistance of Counsel

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WI Court of Appeals – District I

Case Name: State of Wisconsin v. Keith J. Brooks

Case No.: 2017AP1723-CR

Officials: Brennan, Brash and Dugan, JJ.

Focus: Ineffective Assistance of Counsel

Keith J. Brooks appeals from the judgment of conviction, following a jury trial, for first-degree reckless homicide while using a dangerous weapon and misdemeanor battery. He also appeals the trial court’s order denying his motion for postconviction relief.

On appeal, Brooks argues that trial counsel were ineffective by “embracing the bad facts” regarding the victim’s vulnerability and his escalating abuse of her and that this likely caused the jury to find him guilty of first-degree reckless homicide. He also argues that the standard jury instruction regarding proof beyond a reasonable doubt reduced the State’s burden of proof thereby violating due process, and that this court should order a new trial in the interest of justice. We disagree and affirm.

The following background facts provide context for the issues raised on appeal. Additional relevant facts are included in our discussion.

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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.