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Ineffective Assistance of Counsel

By: Derek Hawkins//December 11, 2019//

Ineffective Assistance of Counsel

By: Derek Hawkins//December 11, 2019//

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WI Court of Appeals – District IV

Case Name: State of Wisconsin v. Scott A. Walker

Case No.: 2019AP1138-CR

Officials: BLANCHARD, J.

Focus: Ineffective Assistance of Counsel

Scott Walker, a resident of the Town of Fennimore in Grant County, was found guilty at a jury trial of “intentionally pointing a firearm at or toward” another person, contrary to WIS. STAT. § 941.20(1)(c), a misdemeanor. Walker appeals an order of the circuit court denying his motion for a new trial. The court rejected Walker’s argument that he was denied effective assistance of counsel at trial. Walker argued that his counsel was ineffective in failing to pursue a theory that Walker’s actions were justified under the privilege of defense of property under WIS. STAT. §§ 939.49(1), § 939.45(2).  I affirm because Walker fails to show prejudice.

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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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