Ineffective Assistance of Counsel

By: Derek Hawkins//November 4, 2020//

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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.

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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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