Ineffective Assistance of Counsel

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WI Court of Appeals – District IV

Case Name: State of Wisconsin v. Eric G. Koula

Case No.: 2017AP1995

Officials: Fitzpatrick, P.J., Blanchard, and Kloppenburg, JJ.

Focus: Ineffective Assistance of Counsel

Eric Koula, pro se, appeals a circuit court order that denied Koula’s WIS. STAT. § 974.06 (2017-18)1 motion seeking relief from a judgment of conviction for two counts of first degree intentional homicide. Koula contends that his trial counsel were ineffective by failing to properly investigate and do the following: (1) file a Denny motion to implicate Koula’s brother-in-law, Patrick Cowell, in the murders; (2) present evidence challenging the State’s time-of-death evidence; (3) present evidence challenging the State’s physical evidence; (4) present fingerprint evidence; (5) present financial evidence to contradict the State’s theory of Koula’s motive; and (6) challenge actions and statements by the State that Koula asserts were dishonest and misleading. Koula also asserts that his postconviction counsel were ineffective by failing to pursue those claims of ineffective assistance of trial counsel in Koula’s direct postconviction motion. For the reasons set forth in this opinion, we conclude that the circuit court properly denied Koula’s motion without a hearing. 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.