OWI – Ineffective Assistance of Counsel

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WI Court of Appeals – District IV

Case Name: State of Wisconsin v. Gary R. Schumacher

Case No.: 2019AP1261-CR

Officials: KLOPPENBURG, J.

Focus: OWI – Ineffective Assistance of Counsel

Gary Schumacher was convicted, upon a jury verdict, of operating a motor vehicle with a prohibited alcohol content (OWI- PAC) in connection with an accident between Schumacher and another motor vehicle. Schumacher filed a motion for postconviction relief, alleging that his trial counsel was ineffective for failing to adequately cross-examine the State’s expert witness who had calculated Schumacher’s blood alcohol content (BAC) at the time of the accident, approximately two hours before Schumacher’s blood was drawn. The circuit court held a Machner hearing and denied the motion, ruling that Schumacher had failed to meet his burden of showing either that trial counsel performed deficiently or that counsel’s performance prejudiced Schumacher. Schumacher appeals. I conclude that Schumacher’s ineffective assistance claim fails because he has not met his burden to show deficient performance. Therefore, I 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.