Ineffective Assistance of Counsel – Due Process Violation

By: Derek Hawkins//December 4, 2018//

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WI Court of Appeals – District III

Case Name: State of Wisconsin v. Carrie E. Counhan

Case No.: 2017AP2265-CR

Officials: SEIDL, J.

Focus: Ineffective Assistance of Counsel – Due Process Violation

Carrie Counihan appeals a judgment of conviction entered on her no-contest pleas to five counts of misdemeanor theft. She also appeals an order denying her motion for postconviction relief. She contends she was denied due process at sentencing when the circuit court informed the parties that it had reviewed the sentences of similarly situated defendants in other cases within the county without giving her notice and an opportunity to review those cases. Counihan also claims her trial counsel provided ineffective assistance by failing to object to the court’s consideration of the sentences imposed in the other cases, and by failing to seek an adjournment so that the defense could have time to review those cases prior to sentencing. We reject her arguments and 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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