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Postconviction Motion Denied – Ineffective Assistance of Counsel

By: Derek Hawkins//August 18, 2021//

Postconviction Motion Denied – Ineffective Assistance of Counsel

By: Derek Hawkins//August 18, 2021//

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WI Court of Appeals – District I

Case Name: State of Wisconsin v. Mark Anthony Culpepper

Case No.: 2019AP9-CR

Officials: Brash, P.J., Dugan and Donald, JJ.

Focus: Postconviction Motion Denied – Ineffective Assistance of Counsel

Mark Anthony Culpepper appeals a judgment convicting him of one count of first-degree reckless homicide and one count of attempted first-degree reckless homicide, both as a party to a crime and while armed with a dangerous weapon. He also appeals orders denying his postconviction motion and motion for reconsideration. Culpepper argues that (1) his trial counsel ineffectively represented him by failing to call two alibi witnesses to testify on his behalf during trial; (2) his trial counsel ineffectively represented him by failing to call an expert witness to testify about the unreliability of eyewitness identifications; (3) his trial counsel ineffectively represented him by failing to call an expert witness to testify about cell phone signal technology; (4) the circuit court erred in allowing the State’s expert testimony about cell phones under Daubert v. Merrell-Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993); and (5) he was entitled to a postconviction motion hearing. Upon review, we affirm.

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Derek A Hawkins is Corporate Counsel, at Salesforce.

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