Ineffective Assistance of Counsel

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WI Court of Appeals – District I

Case Name: State of Wisconsin v. Christopher Deshawn McGinnis

Case No.: 2017AP2224-CR

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

Focus: Ineffective Assistance of Counsel

Christopher Deshawn McGinnis appeals from a judgment of conviction, following a jury trial, for first-degree intentional homicide with use of a dangerous weapon as a party to a crime, first-degree recklessly endangering safety with use of a dangerous weapon as a party to a crime, and possession of a firearm by a felon. He also appeals the trial court’s order denying his postconviction motion.

McGinnis asserts that the trial court erred by admitting at trial, over the defense’s objection, four hearsay statements, and by subsequently denying his postconviction motion for a new trial based on the allegedly erroneous admission of that evidence. McGinnis also asserts a claim of ineffective assistance of trial counsel premised on the failure of trial counsel to adequately object to multiple levels of hearsay in the testimony of two witnesses.

We are not persuaded that the trial court erred. We conclude that with the exception of one statement, the trial court properly admitted the challenged statements and, that with respect to the one statement, the error was harmless. We also conclude that McGinnis has not established his ineffective assistance of counsel claim. Therefore, we affirm the trial court’s 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.