Ineffective Assistance of Counsel

By: Derek Hawkins//December 1, 2021//

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WI Court of Appeals – District IV

Case Name: State of Wisconsin v. Victor H. Benitez

Case No.: 2020AP55

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

Focus: Ineffective Assistance of Counsel

Victor H. Benitez appeals an order denying his WIS. STAT. § 974.06 (2019-20) postconviction motion for a new trial and postconviction discovery, entered following an evidentiary hearing. Benitez argues that postconviction counsel was ineffective for failing to raise claims alleging ineffective assistance by trial counsel, and that he is entitled to additional testing of airbag fiber evidence. We conclude that trial counsel did not perform deficiently and therefore, postconviction counsel was not ineffective. We further conclude that Benitez is not entitled to the postconviction discovery he seeks. We affirm.

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Derek A Hawkins is Corporate Counsel, at Salesforce.

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