Due Process Violation

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WI Court of Appeals – District I

Case Name: State of Wisconsin v. Dominique M. Anwar

Case No.: 2018AP2222-CR

Officials: BRENNAN, J.

Focus: Due Process Violation

Dominique M. Anwar appeals from a judgment of conviction for child neglect. The charge was based on the fact that Anwar left her two-year-old son alone in her apartment in the middle of the night on August 9, 2017, and went to a relative’s home. The child was discovered by firefighters who were responding to a fire in the building. Anwar pleaded guilty to the charge and was sentenced. After sentencing, Anwar moved for a new sentencing hearing. She argued that the State violated her due process rights at sentencing by failing to disclose to her in advance that it would be introducing statements made by her six year-old son that were part of the basis for the separate CHIPS proceedings that resulted from the August incident leading to the child neglect charge. The postconviction court denied her motion on the grounds that even if Anwar did not receive a copy of the statements in the CHIPS petition as mandated by statute, the State placed the information on the record, and Anwar and defense counsel “had the opportunity to refute, explain or supplement that information, but did not do so.” Anwar also appeals the order denying her postconviction motion. We affirm the 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.