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Ineffective Assistance of Counsel

By: Derek Hawkins//June 12, 2019//

Ineffective Assistance of Counsel

By: Derek Hawkins//June 12, 2019//

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WI Court of Appeals – District I

Case Name: State of Wisconsin v. Adam Lee Graun

Case No.: 2018AP1054-CR

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

Focus: Ineffective Assistance of Counsel

Adam Lee Graun appeals the judgment entered after a jury convicted him of child neglect, misdemeanor battery as an act of domestic abuse, misdemeanor bail jumping, and four counts of physical abuse of a child by recklessly causing great bodily harm. See WIS. STAT. §§ 948.21(1)(c), 940.19(1), 968.075(1)(a), 946.49(1)(a), 948.03(3)(a) (2015-16). He also appeals the order denying his motion for postconviction relief. The issue on appeal is whether the circuit court properly denied Graun’s postconviction motion alleging that he received ineffective assistance of counsel when trial counsel did not move to dismiss count six on multiplicity or duplicity grounds. Because Graun was not entitled to a Machner hearing, we affirm. See State v. Machner, 92 Wis. 2d 797, 804, 285 N.W.2d 905 (Ct. App. 1979).

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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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