Ineffective Assistance of Counsel

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WI Court of Appeals – District I

Case Name: State of Wisconsin v. Devontae Cornail Stinson

Case No.: 2019AP494-CR

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

Focus: Ineffective Assistance of Counsel

Deyontae Cornail Stinson appeals a judgment of conviction, following a jury trial, of five charges. Stinson also appeals the order denying his postconviction motion for relief.  On appeal, Stinson argues that he was entitled to a Machner hearing because his postconviction motion alleged sufficient factual allegations that trial counsel was ineffective for failing to: (1) sever the felon in possession charge that stemmed from Stinson’s cell phone video; (2) move to exclude the video in its entirety; (3) object to Xiong’s testimony about ballistics testing; (4) object to Newport’s testimony translating the slang Stinson spoke in his video; (5) object to testimony about the August 17, 2015 traffic stop; (6) object to Xiong’s testimony about a second firearms test; and (7) object to the admission of Stinson’s January 2016 statements to police. Stinson also argues that the cumulative effect of counsel’s deficiencies resulted in cumulative prejudice. We address each issue. 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.