Ineffective Assistance of Counsel

By: Derek Hawkins//January 9, 2019//

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WI Court of Appeals – District IV

Case Name: State of Wisconsin v. Kristy L. Malnory

Case No.: 2018AP216-CR

Officials: SHERMAN, J.

Focus: Ineffective Assistance of Counsel

Kristy Malnory appeals a judgment of conviction following a jury trial for operating a motor vehicle with a prohibited alcohol concentration (PAC), second offense, contrary to WIS. STAT. § 346.63(1)(b), and an order denying her postconviction motion for a new trial on the ground of ineffective assistance of counsel. Malnory contends that her trial counsel was ineffective in failing to challenge the admissibility of a Blood/Urine Analysis report and the testimony of the individual who performed the analysis of her blood samples. For the reasons discussed below, I affirm.

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Derek A. Hawkins is a trademark corporate counsel attorney for Harley-Davidson, where he concentrates his practice on brand protection and strategy.

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