Ineffective Assistance of Counsel

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WI Court of Appeals – District IV

Case Name: State of Wisconsin v. Samuel L. Jones

Case No.: 2018AP663-CR

Officials: Blanchard, Kloppenburg and Fitzpatrick, JJ.

Focus: Ineffective Assistance of Counsel

Samuel Jones was convicted of attempted first-degree intentional homicide following a jury trial. On appeal, Jones argues that he received ineffective assistance of counsel when his trial counsel failed to present cell phone records at trial that, Jones asserts, show he was in Chicago, Illinois, at the time that the crime occurred in Beloit, Wisconsin. The circuit court rejected this argument at a postconviction hearing.

We conclude that Jones’s ineffective assistance of counsel claim fails because Jones has not shown that his trial counsel was deficient by not presenting the cell phone records. We reach this conclusion because Jones has failed to present evidence showing that Jones’s trial counsel knew or should have through ordinary diligence discovered that, at the time of the crime, Jones had access to or used the cell phone that is the subject of the records. Accordingly, 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.