Ineffective Assistance of Counsel

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WI Court of Appeals – District IV

Case Name: State of Wisconsin v. Melvin Wilson, Jr.,

Case No.: 2019AP307-CR

Officials: Blanchard, Graham and Nashold, JJ.

Focus: Ineffective Assistance of Counsel

Melvin Wilson, Jr., appeals a judgment convicting him of one count of operating a motor vehicle while intoxicated as a seventh offense and one count of hit and run. Wilson also appeals the circuit court’s order denying his motion for postconviction relief. The charges against Wilson arose out of an automobile accident in which an SUV crashed head-on into the victim’s vehicle. The SUV driver walked away from the scene, but the victim later identified Wilson as the driver. Wilson argues that his counsel was ineffective at trial for failing to (1) challenge police officers’ testimony that Wilson “matched” the victim’s description of the driver, (2) object to the prosecutor’s assertion that an officer testified that Wilson was wearing a baseball cap, and (3) present statements Wilson made to police regarding an alternative suspect. We conclude that, even if counsel performed deficiently in these respects, Wilson fails to show prejudice. We therefore 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.