Ineffective Assistance of Counsel

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WI Court of Appeals – District IV

Case Name: State of Wisconsin v. Sulayman M. Manneh

Case No.: 2018AP2004-CR

Officials: Kloppenburg, Graham, and Nashold, JJ.

Focus: Ineffective Assistance of Counsel

Sulayman Manneh appeals a judgment of conviction for repeated sexual assault of a child and exposing genitals to a child, and an order denying Manneh’s motion for postconviction relief. The parties agree that Manneh was improperly charged with and convicted of both repeated sexual assault of a child and exposing genitals to a child, contrary to WIS. STAT. § 948.025(3) (2017-18). They disagree as to the remedy. Manneh argues that the circuit court erred by vacating only the conviction for the lesser felony of exposing genitals to a child to cure the charging error. He argues that, instead, the court was required to vacate either both convictions or only the greater felony conviction of repeated sexual assault of a child. He also argues that his counsel was ineffective by failing to object to the charging error. We disagree. For the reasons set forth below, we agree with the State that the circuit court properly vacated the lesser felony as a remedy for the charging error and that Manneh was not denied his right to the effective assistance of counsel. 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.