Ineffective Assistance of Counsel

By: Derek Hawkins//September 18, 2019//

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WI Court of Appeals – District I

Case Name: State of Wisconsin v. Johnny Maldonado

Case No.: 2018AP1969

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

Focus: Ineffective Assistance of Counsel

Johnny Maldonado appeals from an order denying his WIS. STAT. § 974.06 (2017-18) motion for postconviction relief. He argues that he is entitled to an evidentiary hearing on his motion. Maldonado continues to allege that his trial counsel provided ineffective assistance by failing to call two particular witnesses to impeach Trinidad’s testimony and by failing to object to the admission of hearsay testimony concerning Boogie Man. He further argues that postconviction counsel provided ineffective assistance for failing to raise these clearly stronger issues prior to Maldonado’s direct appeal. For reasons outlined below, we conclude that the record conclusively demonstrates that Maldonado was not entitled to an evidentiary hearing on his motion or other relief. We reject his arguments 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.

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