Ineffective Assistance of Counsel

By: Derek Hawkins//September 14, 2021//

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WI Court of Appeals – District I

Case Name: State of Wisconsin v. Ronald Lee Gilbert

Case No.: 2019AP2182-CR

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

Focus: Ineffective Assistance of Counsel

Ronald Lee Gilbert appeals from a judgment of conviction following a jury trial for trafficking of a child, second-degree sexual assault of a child, and intentional child abuse. He also appeals from an order denying relief after we reversed and remanded this case for an evidentiary hearing on ineffective assistance of counsel.

We now reverse and remand for a new trial. As discussed below, we conclude that trial counsel was ineffective for failing to challenge inaccurate cell phone data evidence, making derogatory closing argument remarks, including referring to Gilbert as a “scumbag,” and, to a lesser extent, failing to impeach the State’s two key witnesses.

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Derek A Hawkins is Corporate Counsel, at Salesforce.

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