14. Ineffective assistance of counsel

Winnebago County v. J.M., 2016AP619, 5/15/17, granting a petition for review of  an unpublished court of appeals decision; case activity  Issues: Whether the subject of a §51.20(1)(a) extension of involuntary commitment and medication order has a claim for ineffective assistance of trial counsel where his lawyer fails to object to, prevent the admission of, or request… Read more

Review of an unpublished court of appeals decision; case activity (including briefs) Issues (composed by On Point) Was trial counsel ineffective for failing to move to dismiss on First Amendment free speech grounds a disorderly charge that was based on Breitzman’s use of foul language toward her son inside their home? Did the court of appeals… Read more

State v. Jimothy A. Jenkins, 2014 WI 59, 7/11/14, review of an per curiam court of appeals decision; majority opinion by C.J. Abrahamson; case activity This is a very nice victory for the defense.  It clarifies the “prejudice” showing required for a claim of ineffective assistance of trial counsel.  And it assures lower courts that… Read more

Review of unpublished per curiam court of appeals decision; case activity Issue (composed by On Point) In deciding whether trial counsel was ineffective for failing to call a witness, did the postconviction court err by deciding trial counsel’s failure to present the witness was not prejudicial because the witness was not credible? Unlike electronically filed briefs… Read more

State v. Adamis Figueroa, 2013AP47-CR, District 1, 12/3/13; court of appeals decision (not recommended for publication); case activity Trial counsel was not ineffective for failing to object to the testimony of a police department employee about the content of two recorded conversations in Spanish between Figueroa and J.R., who alleged Figueroa had sexually assaulted her… Read more