Ineffective Assistance of Counsel

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WI Court of Appeals – District I

Case Name: State of Wisconsin v. Lavell James Cammon

Case No.: 2018AP1336-CR; 2018AP1337-CR

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

Focus: Ineffective Assistance of Counsel

Lavell James Cammon appeals from the judgments of conviction, following his guilty pleas to one count of false imprisonment, as a domestic abuser, as a repeater in Milwaukee County case No. 2014CF2809;  and one count of felony intimidation of a victim, as a party to a crime, as a domestic abuser in Milwaukee County case No. 2014CF5487. He also appeals the orders denying his postconviction motions.

Cammon argues that, because he was misinformed about the maximum penalties associated with both charges to which he pled guilty, his pleas were not knowing, intelligent, and voluntary and, therefore, the postconviction court erred in denying his motion to withdraw his pleas. He also argues that trial counsel was constitutionally ineffective because (1) trial counsel failed to accurately inform him of the maximum penalties associated with each charge; and (2) prior to sentencing, trial counsel did not request additional time to confer with him to determine if he wanted to withdraw his pleas. We are not persuaded.

We modify the judgment in the first case, affirm both that judgment as modified and the judgment in the second case, and affirm the postconviction court’s orders.

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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.