Ineffective Assistance of Counsel

By: Derek Hawkins//January 14, 2020//

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WI Court of Appeals – District I

Case Name: State of Wisconsin v. N.M.A.-S.

Case No.: 2018AP2308; 2018AP2309

Officials: BRASH, P.J.

Focus: Ineffective Assistance of Counsel

N.M.A.-S. appeals the orders of the trial court terminating her parental rights of A.A.S. and A.J.S. N.M.A.-S. asserts that she received ineffective assistance of counsel because her trial counsel failed to request a strike for cause or use a peremptory strike for a juror who answered a question affirmatively during voir dire relating to whether someone struggling with addiction is unfit to be a parent.

A postjudgment hearing regarding this claim was held in September 2019. The postjudgment court determined that N.M.A.-S. had not demonstrated that she was prejudiced by this alleged deficiency of trial counsel, and denied her motion for a new trial. We agree and affirm the orders terminating N.M.A.-S.’s parental rights.

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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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