Ineffective Assistance of Counsel

Listen to this article

WI Court of Appeals – District IV

Case Name: State of Wisconsin v. Herman Whiterabbit

Case No.: 2018AP2343

Officials: Fitzpatrick, P.J., Kloppenburg and Nashold, JJ.

Focus: Ineffective Assistance of Counsel

Herman Whiterabbit appeals an order denying his WIS. STAT. § 974.06 (2015-16) postconviction motion. Whiterabbit contends that his trial counsel, James Ewers, was per se ineffective because following Whiterabbit’s trial Ewers was disbarred for illegal conduct that occurred prior to the trial. Whiterabbit also contends that the circuit court erred by denying his ineffective assistance of counsel claim on the ground that it was procedurally barred under State v. Escalona-Naranjo, 185 Wis. 2d 168, 517 N.W.2d 157 (1994). We reject Whiterabbit’s claim that his trial counsel was per se ineffective, and we affirm on that basis. See State v. Trecroci, 2001 WI App 126, ¶45, 246 Wis. 2d 261, 630 N.W.2d 555 (we may affirm the circuit court’s decision on other grounds than relied on by the court). Accordingly, we need not address whether the procedural bar applies.

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.