Ineffective Assistance of Counsel

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WI Court of Appeals – District II

Case Name: State of Wisconsin v. Gilbear H. Valdez, Jr.,

Case No.: 2018AP860-CR

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

Focus: Ineffective Assistance of Counsel

Gilbear H. Valdez, Jr., appeals from a judgment of conviction and an order denying his postconviction motion. He contends that he is entitled to an in camera review of the victim’s counseling records. After sentencing, Valdez filed a postconviction motion asking the circuit court to revisit its ruling on the victim’s counseling records. Valdez asserted that additional information, which was available to trial counsel at the time he filed his pretrial motion, supported an in camera review. Valdez accused trial counsel of ineffective assistance for failing to include this additional information in his pretrial motion.

Following a hearing on the matter, the postconviction court denied Valdez’s motion. The court explained that “just the fact that [the victim is] in counseling, that you know who the counselor is and know where the counselor’s at, and that it’s for this offense is not enough of a showing ….” Because the additional information would not have made a difference in the pretrial ruling, the court declined to find trial counsel ineffective. Valdez now appeals. We disagree 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.