Ineffective Assistance of Counsel

Listen to this article

WI Court of Appeals – District I

Case Name: State of Wisconsin v. Tammy Genevieve Hardenburg

Case No.: 2019AP1399-CR

Officials: Blanchard, Dugan and Donald, JJ.

Focus: Ineffective Assistance of Counsel

Tammy Genevieve Hardenburg appeals a judgment of conviction, following a jury trial, of one count of operating a motor vehicle while under the influence of prescription drugs as a sixth offense. Hardenburg also appeals from the order denying her postconviction motion for relief. Hardenburg contends that confrontation clause violations warrant a new trial because of plain error, or, alternatively, that she received ineffective assistance of counsel such that we should remand for a Machner hearing. We do not address the plain error argument but only whether Hardenburg’s postconviction motion alleged facts sufficient to warrant a hearing on her ineffective assistance of counsel claim. We conclude that the alleged facts were sufficient and accordingly reverse the postconviction order and remand for a Machner hearing.

Full Text

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.