Ineffective Assistance of Counsel

By: Derek Hawkins//April 28, 2020//

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WI Court of Appeals – District I

Case Name: State of Wisconsin v. Telly Bernardo Johnson

Case No.: 2018AP971

Officials: Brash, P.J., Blanchard and Donald, JJ.

Focus: Ineffective Assistance of Counsel

Telly Bernardo Johnson, pro se, appeals an order denying his WIS. STAT. § 974.06 (2017-18) motion for postconviction relief. Johnson asserts that his appellate counsel was ineffective regarding the claims that were raised in his direct appeal, arguing that appellate counsel should have instead raised claims of ineffective assistance of Johnson’s trial counsel regarding various alleged errors relating to evidentiary issues.

The postconviction court determined that Johnson’s new claims in his WIS. STAT. § 974.06 motion were not clearly stronger than the claims raised in his direct appeal, and denied Johnson’s motion without a hearing. We agree that Johnson failed to establish that his new claims were clearly stronger, and therefore conclude that they are procedurally barred. Accordingly, we affirm.

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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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