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Ineffective Assistance of Counsel

By: Derek Hawkins//August 20, 2019//

Ineffective Assistance of Counsel

By: Derek Hawkins//August 20, 2019//

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WI Court of Appeals – District II

Case Name: State of Wisconsin v. Johnalee A. Kawalec

Case No.: 2017AP798-CR

Officials: Neubauer, C.J., Gundrum and Hagedorn, JJ.

Focus: Ineffective Assistance of Counsel

Johnalee A. Kawalec was a power of attorney for a former family member with whom she later held a joint bank account. The relationship soured, and Kawalec was accused of taking funds for her personal use, leading to her conviction for theft by bailee under WIS. STAT. § 943.20(1)(b) (2017-18). On appeal, Kawalec asserts that she received constitutionally deficient legal assistance due to her trial counsel’s lack of knowledge of the applicable legal standard for her prosecution. Kawalec raises a novel legal theory. She argues that her counsel’s failure to defend the case based on this theory constituted ineffective assistance of counsel. While Kawalec was entitled to defend herself by offering new facts and elements to the crime charged, her theory is far from clear or settled law. As such, her ineffective assistance of counsel claim fails. 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.

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