Ineffective Assistance of Counsel

By: Derek Hawkins//December 25, 2018//

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WI Court of Appeals – District I

Case Name: State of Wisconsin v. Lorenzo D. Kyles

Case No.: 2018AP296-CR

Officials: Brennan, Brash and Dugan, JJ.

Focus: Ineffective Assistance of Counsel

Lorenzo D. Kyles appeals his judgment of conviction, entered upon his guilty plea for first-degree reckless homicide, and an order denying his motion for postconviction relief. Kyles claims that he received ineffective assistance from his trial counsel when counsel failed to convey an earlier—and allegedly more favorable—plea offer to resolve his case.

The postconviction court found that the “theoretical possibility” that the earlier plea offer could have resulted in a reduced sentence for Kyles was insufficient to demonstrate that Kyles had been prejudiced by the error, as required under an ineffective assistance of counsel analysis. We agree 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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