Ineffective Assistance of Counsel and Abuse of Discretion

Listen to this article

WI Court of Appeals – District I

Case Name: State of Wisconsin v. Kendrick Deavane Alexander

Case No.: 2017AP2273-CR

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

Focus: Ineffective Assistance of Counsel and Abuse of Discretion

Kendrick Deavane Alexander appeals from a judgment of conviction for two counts of first-degree recklessly endangering safety by use of a dangerous weapon and one count of being a felon in possession of a firearm. See WIS. STAT. §§ 941.30(1), 939.63(1)(b), and 941.29(2)(a) (2013- 14). Alexander also appeals from an order denying his postconviction motion that sought a new trial or, in the alternative, resentencing.

We conclude that Alexander is entitled to a Machner hearing with respect to his claim that trial counsel provided ineffective assistance.  Therefore, we reverse that part of the postconviction order and remand for a Machner hearing. In light of the remand, it would be premature to consider Alexander’s request that this court exercise its discretion and order a new trial in the interest of justice, so we will not address that request. However, in the interest of judicial economy, this court has considered Alexander’s argument that the trial court erroneously exercised its sentencing discretion when it stated, “I represent the community.” We conclude that the trial court’s statement, viewed in context, did not constitute an erroneous exercise of discretion. Therefore, we affirm that part of the postconviction order denying Alexander’s request for resentencing.

Full Text

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.