Ineffective Assistance of Counsel

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WI Court of Appeals – District I

Case Name: State of Wisconsin v. Robert Dequan Brown

Case No.: 2018AP1292-CR

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

Focus: Ineffective Assistance of Counsel

Robert Dequan Brown entered into a plea agreement with the State and pled guilty to two drug-related felonies and two counts of being a felon in possession of a firearm. After sentencing, he filed a postconviction motion seeking to withdraw his guilty pleas on the grounds that his trial counsel provided ineffective assistance by failing to move to suppress evidence seized from Brown’s vehicle. The trial court heard oral argument on Brown’s motion and denied it without hearing any testimony after concluding that Brown lacked standing to challenge the warrantless search of his vehicle. We affirm on a different basis: the record conclusively demonstrates that the police had probable cause to search the vehicle, so a suppression motion would not have been granted. Therefore, Brown cannot demonstrate that trial counsel was ineffective for failing to file a suppression motion. Accordingly, we affirm the judgment and the 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.