Ineffective Assistance of Counsel

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WI Court of Appeals – District I

Case Name: State of Wisconsin v. Asmar M. Young

Case No.: 2018AP1591-CR

Officials: Kessler, Brennan and Kloppenburg, JJ.

Focus: Ineffective Assistance of Counsel

Asmar M. Young entered pleas to four crimes committed over five days. Young filed a postconviction motion to withdraw his pleas, arguing that: (1) his pleas were not knowingly and intelligently entered because the circuit court failed to establish a factual basis for one of the convictions; (2) his pleas were not knowingly, voluntarily, and intelligently entered because (a) he was not advised of and did not understand the elements of the crimes and the maximum penalties, and (b) his original trial counsel provided ineffective assistance by advising Young to enter the pleas, and by not adequately explaining the elements of the crimes and the maximum penalties; and (3) his replacement counsel provided ineffective assistance by failing to raise these issues in his presentencing plea withdrawal motion. The court denied Young’s postconviction motion without a hearing. Young makes the same arguments on appeal. As we explain, we reject Young’s arguments and 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.