Ineffective Assistance of Counsel

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WI Court of Appeals – District I

Case Name: State of Wisconsin v. William Bransford

Case No.: 2018AP266

Officials: Kessler, P.J., Brennan and Kloppenburg, JJ.

Focus: Ineffective Assistance of Counsel

William Bransford, pro se, appeals from an order denying his WIS. STAT. § 974.06 (2017-18) postconviction motion without a hearing. In his postconviction motion Bransford claimed that his trial counsel was ineffective for failing to investigate and to perform legal research to support defenses to the State’s DNA evidence. We conclude that Bransford’s claim that trial counsel was ineffective for not pursuing any alternative defense theories is, as the postconviction court stated, “wholly conclusory in nature and completely without factual support to establish a viable claim for relief.” See Burton, 349 Wis. 2d 1, ¶38 (holding that a circuit court has discretion to deny a hearing where a motion presents only conclusory allegations). Accordingly, Bransford fails to show that this claim is clearly stronger than the claim that postconviction counsel actually brought, such that postconviction counsel was ineffective. Because Bransford has not set forth a sufficient reason for failing to raise his claims earlier, we affirm.

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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.