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Postconviction Relief – Ineffective Assistance of Counsel

By: Derek Hawkins//September 15, 2020//

Postconviction Relief – Ineffective Assistance of Counsel

By: Derek Hawkins//September 15, 2020//

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WI Court of Appeals – District III

Case Name: State of Wisconsin v. Frank Tyrone Whitehead

Case No.: 2018AP83

Officials: Stark, P.J., Hruz and Seidl, JJ.

Focus: Postconviction Relief – Ineffective Assistance of Counsel

Frank Whitehead, pro se, appeals from the circuit court’s denial of his WIS. STAT. § 974.06 (2017-18)1 postconviction motion without a hearing. We conclude all claims Whitehead attempts to raise are barred. Whitehead’s briefs on appeal are very difficult to follow. We construe his arguments to reassert five claims raised in his WIS. STAT. § 974.06 motion and supplements. We conclude one claim is barred as having been previously litigated. See § 974.06(4); State v. Witkowski, 163 Wis. 2d 985, 990, 473 N.W.2d 512 (Ct. App. 1991). The remaining four claims are barred because Whitehead cannot show that these claims are clearly stronger than the claims postconviction counsel raised during the direct appeal. See State v. Romero-Georgana, 2014 WI 83, ¶4, 360 Wis. 2d 522, 849 N.W.2d 668. Consequently, 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.

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