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Ineffective Assistance of Counsel

7th Circuit Court of Appeals

Case Name: United States of America v. Ladmarald Cates

Case No.: 19-1806

Officials: BAUER, EASTERBROOK, and HAMILTON, Circuit Judges.

Focus: Ineffective Assistance of Counsel

Ladmarald Cates, an officer with the Milwaukee Police Department, sexually assaulted Iema Lemons in her home after Cates responded to Lemons’ 911 call. A jury convicted Cates by special verdict of aggravated sexual abuse and the district court judge sentenced him to 24 years in prison. We affirmed on direct appeal. Cates filed an action alleging ineffective assistance of counsel. The district court judge denied the motion. We reversed, finding Cates’ trial and appellate counsel performed deficiently. The district court reopened the criminal case and the government obtained a three-count superseding indictment. Facing a second trial, Cates moved to dismiss the aggravated sexual abuse by force allegation based on issue preclusion. After his motion was denied, this appeal followed. For the subsequent reasons, we affirm the district court’s denial of that motion.

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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