Ineffective Assistance of Counsel

By: Derek Hawkins//November 19, 2019//

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WI Court of Appeals – District III

Case Name: State of Wisconsin v. James E. Emerson

Case No.: 2018AP922

Officials: Stark, P.J., Hruz and Seidl, JJ.

Focus: Ineffective Assistance of Counsel

James Emerson appeals from an order denying his postconviction motion, filed pursuant to WIS. STAT. § 974.06 (2017-18), seeking relief from a conviction for first-degree intentional homicide. Emerson claims: (1) his constitutional right to confront the witnesses against him was violated by the admission of an out-of-court statement about Emerson made by a third party that was referenced by a police detective during Emerson’s interrogation; and (2) his trial counsel provided ineffective assistance by failing to investigate or present meaningful mitigation evidence at sentencing. We conclude the circuit court properly denied Emerson’s postconviction motion without a hearing because the record conclusively demonstrates that he is not entitled to relief on either claim. Therefore 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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