Please ensure Javascript is enabled for purposes of website accessibility

Ineffective Assistance of Counsel

By: Derek Hawkins//November 4, 2020

Ineffective Assistance of Counsel

By: Derek Hawkins//November 4, 2020

WI Court of Appeals – District IV

Case Name: State of Wisconsin v. John M. Swapsy, Jr.,

Case No.: 2019AP2270-CR

Officials: Fitzpatrick, P.J., Kloppenburg, and Nashold, JJ.

Focus: Ineffective Assistance of Counsel

John Swapsy was convicted in the Dane County Circuit Court, following a jury trial, of one count of arson of a building, contrary to WIS. STAT. § 943.02(1)(a) (2013-14).  In a postconviction motion, Swapsy argued that he is entitled to a new trial because his trial counsel was constitutionally ineffective. Specifically, Swapsy argued that his trial counsel was deficient in counsel’s cross-examination of two of the State’s witnesses and in his closing argument, and that counsel’s deficient performance was prejudicial. Following a Machner hearing, the circuit court denied Swapsy’s motion. Swapsy makes the same arguments on appeal, and we affirm.

Full Text

[box type=”shadow” ]
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. [/box]


Should Justice Protasiewicz recuse herself on gerrymandering cases that go before the Wisconsin Supreme Court?

View Results

Loading ... Loading ...

Legal News

See All Legal News

WLJ People

Sea all WLJ People

Opinion Digests