Ineffective Assistance of Counsel

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

Listen to this article

WI Court of Appeals – District I

Case Name: State of Wisconsin v. John D. Carter

Case No.: 2019AP598-CR; 2019AP599-CR

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

Focus: Ineffective Assistance of Counsel

John D. Carter appeals from judgments, entered upon his guilty pleas, convicting him of three drug-related charges. Carter also appeals from an order denying his postconviction motion without a hearing.1 Carter asserts that: (1) the State breached the plea agreement and his trial attorney was ineffective for failing to object to the breach; (2) his trial attorney improperly counseled him about the State’s offer; (3) his trial attorney was ineffective for failing to move to dismiss a conspiracy count; and (4) the trial court failed to establish a factual basis for Carter’s plea to the conspiracy charge. We conclude that the circuit court appropriately denied the postconviction motion without a hearing and, accordingly, we affirm the judgments and order.

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.

Select Region or Brand

Upcoming Event