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Ineffective Assistance of Counsel

By: Derek Hawkins//January 29, 2020//

Ineffective Assistance of Counsel

By: Derek Hawkins//January 29, 2020//

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WI Court of Appeals – District I

Case Name: State of Wisconsin v. Antonio Scarbrough

Case No.: 2018AP2285-CR

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

Focus: Ineffective Assistance of Counsel

Antonio Scarbrough appeals a judgment entered after a jury found him guilty of three felonies. He also appeals an order denying his postconviction motion. He claims that his trial counsel was ineffective for failing to present the testimony of a witness who, he believes, would have described an exculpatory statement that Scarbrough made to a third party. Alternatively, he claims that he is entitled to a new trial in the interest of justice because the jury did not hear his allegedly exculpatory statement. Because the exculpatory statement at issue would have constituted inadmissible hearsay, we reject his claims and affirm the judgment and order.

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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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