Failure to Object/Seek Admissibility; Guilty Pleas/Plea Bargains; Jury Instructions; Jury Selection; Sentencing; Prejudice; Litigating IAC Claims; IAC and Interest of Justice; Sanctions; Malpractice Claim… Read more
1. Deficient performance
Johnbull K. Osagiede v. USA, 543 F.3d 399 (7th Cir 2009) Issue/Holding: Counsel’s ignorance of rights available, under VCCR Art. 36, to her Nigerian national client was deficient: Osagiede’s claim is a common one in Sixth Amendment cases. In essence, Osagiede argues that his lawyer should have been aware of his legal rights under Article 36 and… Read more
Johnbull K. Osagiede v. USA, 7th Cir No. 07-1131, 9/9/08 Issue/Holding: Counsel’s ignorance of VCCR Art. 36 rights available to foreign national client was deficient: Osagiede’s claim is a common one in Sixth Amendment cases. In essence, Osagiede argues that his lawyer should have been aware of his legal rights under Article 36 and should have… Read more
State v. Paul Dwayne Westmoreland, 2008 WI App 15, PFR filed 1/17/08 For Westmoreland: Joseph E. Redding Issue: Whether counsel’s strategic decision to argue inconsistent theories during closing argument (the defendant wasn’t involved in the shooting, but if the jury found he was then they should find guilt only on a lesser offense) was deficient. Holding: ¶20 We start… Read more
State v. Jason K. Van Buren, 2008 WI App 26; for Van Buren: Waring R. Fincke Issue: Whether trial counsel’s failure to adduce expert testimony on false confessions was deficient. Holding: ¶18 Here, we do not address the prejudice prong of Strickland because we conclude that Van Buren’s counsel was not deficient. A finding of deficient performance “requires showing… Read more
State v. Jennifer Wery, 2007 WI App 169 For Wery: Elizabeth Ewald-Herrick Issue/Holding: ¶17 Wery’s counsel’s failure to object did not constitute deficient performance. Deficient performance is limited to situations where the law or duty is clear such that reasonable counsel should know enough to raise the issue. State v. McMahon, 186 Wis. 2d 68, 85… Read more
State ex rel. Clayborn L. Walker v. Frank, 2007 WI App 142, PFR filed 6/1/07 For Walker: Amelia L. Bizzaro Issue: Whether counsel deficiently advised Walker to waive ES revocation, in that counsel determined that investigation of alternatives to revocation would be futile. Holding: ¶14 Dudley’s decision to advise Walker to waive the revocation hearing… Read more
State v. Dion W. Demmerly, 2006 WI App 181, PFR filed 9/11/06 For Demmerly: Edward J. Hunt Issue/Holding: Counsel’s cross-examination of state’s witness testifying under a grant of immunity was adequate where it revealed that the witness’s motivation for testifying was a desire to receive leniency on his pending charges, ¶22; and, also where any confusion about… Read more
