Ineffective Assistance of Counsel

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WI Court of Appeals – District I

Case Name: State of Wisconsin v. Jovan T. Mull

Case No.: 2018AP1349-CR

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

Focus: Ineffective Assistance of Counsel

Jovan Mull was convicted of first-degree reckless homicide after a jury trial. Mull argues that the circuit court erroneously denied without a hearing his postconviction motion alleging multiple instances of ineffective assistance of trial counsel. We conclude that Mull’s postconviction motion alleges facts that entitle him to a Machner hearing on only two of his ineffective assistance of trial counsel allegations: (1) failing to seek admission of a third-party perpetrator defense and to present evidence of possible third-party perpetrators; and (2) failing to move to strike or for a mistrial following hearsay testimony elicited on cross-examination of one of the State’s witnesses. Accordingly, we reverse and remand to the circuit court for a Machner hearing on those allegations only.

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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.