State v. Matthew Ray Taylor, 2016AP682-CR, District 1, 6/27/17 (not recommended for publication); case activity (including briefs) Taylor argues he should get a new trial based on newly discovered evidence and ineffective assistance of counsel. The court of appeals rejects his claims. Contreres, Bachman, and McClendon met up with two men to try to buy… Read more
1. Deficient performance
Jae Lee v. United States, USSC No. 16-327, 2017 WL 2694701 (June 23, 2017), reversing Lee v. United States, 825 F.3d 311 (6th Cir. 2016); Scotusblog page (including links to briefs and commentary) Lee’s lawyer told him he would not be deported if he pleaded guilty to a drug charge. His lawyer was wrong, so he performed deficiently… Read more
State v. Lamont Donnell Sholar, 2016AP987, 6/20/17, District 1 (not recommended for publication), petition for review granted 10/17/17, affirmed, 2018 WI 53; case activity (including briefs) Sholar was charged with 5 counts of sex trafficking and 1 count of sexual assault. At trial, defense counsel allowed “Exhibit 79”–a 181-page report containing the contents of Sholar’s cell… Read more
State v. Ron Joseph Allen, 2016AP885, 6/13/17, District 1 (not recommended for publication); case activity (including briefs) A jury convicted Ron Allen of first-degree intentional homicide as party to the crime. He raises various challenges to the conviction and sentence of life without extended supervision, but the court of appeals rejects them all. Allen and four… Read more
Taylor County DHHS v. S.A.L., 2016AP2369, 6/7/17, District 3 (one-judge decision; ineligible for publication); case activity S.A.L. appeals the termination of her parental rights to her two children. She alleges ineffective assistance of her trial counsel and that the court failed to properly exercise discretion during the dispositional phase. The court of appeals affirms. The… Read more
State v. Julius Lee Sanders, 2014AP2644, 6/6/2017, District 1 (not recommended for publication); case activity (including briefs) Julius Sanders appeals from his judgment of conviction and the denial, without a hearing, of his postconviction motion. His motion claimed that his counsel was ineffective for two reasons–he failed to investigate allegations Sanders made about the alleged… Read more
State v. David Earl Harris, Jr., 2016AP548-CR, 5/31/17, District 1 (unpublished); case activity (including briefs) The state charged Harris with heinous conduct giving rise to false imprisonment, sexual assault, and strangulation charges. At trial, the DA introduced a copy of a TRO that pre-dated the criminal complaint but mirrored the facts that it alleged. Defense… Read more
Former ASPD John Breffeilh just brought a real gem to On Point’s attention. It’s an indexed compilation of hundreds (maybe thousands) of successful ineffective assistance of counsel cases from around the nation. The database runs from 1984 when SCOTUS decided Strickland through the present. It includes Wisconsin cases and covers everything from criminal cases, to sexual predator cases, to… Read more