Ineffective Assistance of Counsel

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WI Court of Appeals – District II

Case Name: State of Wisconsin v. Simon E. Jeninga

Case No.: 2018AP826-CR; 2018AP827-CR

Officials: Blanchard, Kloppenburg and Fitzpatrick, JJ.

Focus: Ineffective Assistance of Counsel

Simon Jeninga appeals a judgment of conviction and an order denying postconviction relief entered by the Walworth County Circuit Court. Jeninga was convicted of one count of second-degree sexual assault of a child and one count of possession of child pornography pursuant to his guilty pleas to those charges. Jeninga filed a postconviction motion to withdraw his plea, alleging that his trial counsel was constitutionally ineffective for not filing a motion to suppress evidence that was found on his cell phone. Following a Machner hearing, the court denied Jeninga’s postconviction motion. We affirm based on our conclusion that Jeninga has not adequately supported his allegation that, absent trial counsel’s ineffective assistance, he would not have entered any plea and, instead, would have gone to trial.

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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.