Ineffective Assistance of Counsel

By: Derek Hawkins//February 19, 2019//

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WI Court of Appeals – District I

Case Name: State of Wisconsin v. Lionel T. Ashley

Case No.: 2018AP330-CR

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

Focus: Ineffective Assistance of Counsel

Lionel T. Ashley appeals from a judgment, entered upon a jury’s verdict, convicting him of child abuse (intentionally causing bodily harm). See WIS. STAT. § 948.03(2)(b) (2015-16). Ashley also appeals from an order that denied his postconviction motion without a hearing. He alleges that his trial counsel was ineffective for not calling his victim’s mother as a witness at trial. We conclude that trial counsel was not ineffective in her representation of Ashley and that the trial court properly exercised its discretion in denying his request for a Machner hearing. See State v. Machner, 92 Wis. 2d 797, 804, 285 N.W.2d 905 (Ct. App. 1979). We therefore affirm the judgment and order.

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Derek A Hawkins is trademark corporate counsel for Harley-Davidson. Hawkins oversees the prosecution and maintenance of the Harley-Davidson’s international trademark portfolio in emerging markets.

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