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Ineffective Assistance of Counsel

By: Derek Hawkins//August 31, 2020//

Ineffective Assistance of Counsel

By: Derek Hawkins//August 31, 2020//

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7th Circuit Court of Appeals

Case Name: Joseph Wilborn v. Alex Jones

Case No.: 18-1507

Officials: SYKES, Chief Judge, and BAUER and EASTERBROOK, Circuit Judges.

Focus: Ineffective Assistance of Counsel

An Illinois jury convicted Joseph Wilborn for the murder of a rival gang member in Chicago. In opening statements, Wilborn’s defense attorney told the jury it would hear from his codefendant, Cedrick Jenkins, identifying him as the actual shooter. During the trial, Jenkins indicated his testimony would no longer be favorable to Wilborn. Defense counsel, with Wilborn’s approval, did not call Jenkins to the stand. Wilborn filed for habeas corpus relief, alleging ineffective assistance of counsel. The district court denied his petition and he appealed. We consider whether trial counsel performed deficiently and caused cognizable prejudice when he told the jury in opening statements that Wilborn’s codefendant would testify but then declined to call Jenkins as a witness. We affirm.

Affirmed

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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.

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