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Abuse of Discretion – Motion for Postconviction Relief Denied

By: Derek Hawkins//October 27, 2020//

Abuse of Discretion – Motion for Postconviction Relief Denied

By: Derek Hawkins//October 27, 2020//

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WI Court of Appeals – District III

Case Name: State of Wisconsin v. Christopher C. Burns

Case No.: 2019AP707-CR

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

Focus: Abuse of Discretion – Motion for Postconviction Relief Denied

Christopher Burns appeals a judgment, entered following a jury trial, convicting him of two counts of first-degree sexual assault of a child and one count of child enticement, all three counts as a repeater. Burns also appeals an order denying his motion for postconviction relief. Burns argues he is entitled to a new trial because his trial attorney was ineffective by failing to seek admission of DNA evidence found on a pair of the victim’s underwear. Burns also argues the trial court erroneously exercised its discretion by denying his request to review an unredacted copy of the victim’s SANE report. Finally, Burns argues he is entitled to a new trial in the interest of justice. We reject these arguments and 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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