Ineffective Assistance of Counsel

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WI Court of Appeals – District I

Case Name: State of Wisconsin v. Justin Jackson

Case No.: 2018AP2450-CR

Officials: Blanchard, Dugan and Donald, JJ.

Focus: Ineffective Assistance of Counsel

Based on guilty pleas, Justin Jackson was convicted of possession of a firearm by a felon and threatening a law enforcement officer. He appeals the judgment of conviction and the order denying a motion for postconviction relief. In his postconviction motion, Jackson contended that he received ineffective assistance of counsel when his trial counsel failed to inform him, before he decided to enter the pleas, that he had a potentially meritorious motion to suppress evidence. Following a Machner hearing, the circuit court denied the motion based on a determination that trial counsel did not perform deficiently in failing to recommend that Jackson pursue a suppression motion. We agree with Jackson that trial counsel provided ineffective assistance on the potential suppression issue. Accordingly, we reverse the order denying postconviction relief, and direct that the circuit court hold the suppression hearing that Jackson now seeks.

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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.