State v. Omark D. Ward, 2011 WI App 151 (recommended for publication); for Ward: Mary Scholle, SPD, Milwaukee Appellate; case activity Ineffective Assistance of Counsel – DNA Search Warrant Court commissioner’s order that Ward provide DNA sample violated “oath or affirmation” requirement for warrants: ¶10 Unless a person consents to giving a sample of his or her… Read more
1. Deficient performance
State v. Michael A. Clements, 2010AP1978-CR, District 4, 10/13/11 court of appeals decision (not recommended for publication); for Clements: Steven D. Grunder, SPD, Madison Appellate; case activity Counsel’s performance not deficient, against claims that he failed to: impeach the complainant with a prior recorded statement; object on hearsay grounds to admissibility of her statement to a school counselor… Read more
State v. Aaron Deal, 2010AP1804-CR, District 1, 9/20/11 court of appeals decision (not recommended for publication); for Deal: James A. Rebholz; case activity Counsel’s refusal to argue to the jury that it should return a guilty verdict on felony murder, submitted as a lesser offense option of first-degree intentional homicide, wasn’t deficient in light of… Read more
State v. Burt Terrell Johnson, Jr., 2010AP2654-CR, District 1, 9/13/11 court of appeals decision (not recommended for publication); for Johnson: Sara Heinemann Roemaat; case activity Counsel did not perform deficiently. Decision not to make opening statement was reasonable strategy, given that the defense didn’t plan to call any witnesses but instead intended “to put the State to its… Read more
State v. Stephen R. Jones, 2011AP864-CR, District 3, 8/30/11 court of appeals decision (1-judge, not for publication; for Jones: Brian P. Dimmer; case activity) Failure to move to strike juror wasn’t deficient performance. Juror’s public support of election of the presiding judge and the district attorney (who was not herself prosecuting this case) didn’t establish a significant… Read more
Joseph Muniz v. Smith, 6th Cir. No. 09-2324, 7/29/11 sixth circuit court of appeal decision Habeas – Ineffective Assistance – Sleeping Counsel The fact that counsel has slept through a portion of trial does not, alone, amount to denial of counsel so as to require relief under United States v. Cronic, 466 U.S. 648 (1984), rather than inquiry into the prejudice component of Strickland… Read more
State v. Steven A. Avery, 2011 WI App 124 (recommended for publication); for Avery: Martha K. Askins, Suzanne L. Hagopian, SPD, Madison Appellate; case activity Search Warrant – Execution – Reasonableness Warrant-based search of Avery’s property was a reasonable continuation of the original search 3 days earlier. General statement: ¶18 Generally, searches are subject to the… Read more
MC Winston v. Boatwright, 7th Cir No. 10-1156, 8/19/11 seventh circuit court of appeals decision, denying habeas relief on review of unpublished decision in 2003AP3412 and 2005AP1255 Habeas – Jury Selection – Ineffective Assistance – Defense Counsel’s Discriminatory Use of Peremptories In a nutshell, this case presents the question whether the constitutional rights of the… Read more
