Ineffective Assistance of Counsel

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WI Court of Appeals – District I

Case Name: State of Wisconsin v. Dwayne T. Freeman

Case No.: 2019AP205

Officials: Blanchard, Dugan, and Donald, JJ.

Focus: Ineffective Assistance of Counsel

Dwayne T. Freeman, pro se, appeals the orders denying his postconviction motion and his motion for reconsideration. Following a jury trial Freeman was convicted of armed robbery, as a party to a crime, as a repeater; burglary, as a party to a crime, while possessing a dangerous weapon; and possession of a firearm by a felon.

On appeal Freeman argues that: (1) the trial court lacked competency to proceed with the case because the amended information was untimely; (2) newly discovered evidence filed with his postconviction motion requires a new trial; (3) the trial court erred because it did not conduct an evidentiary hearing on his ineffective assistance of trial counsel claim; and (4) both trial and appellate counsel provided him with ineffective legal assistance.

We conclude that Freeman alleged sufficient facts to warrant a Machner hearing on that part of his ineffective assistance of trial counsel claim based on his allegation that trial counsel failed to call a potential witness, Arzell Chisholm. For that reason, we reverse and remand this matter for a Machner hearing on that part of Freeman’s ineffective assistance of trial counsel and appellate counsel claims. In all other respects, we affirm the postconviction court’s orders.

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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.