4. Litigating IAC

Docket Decision below:  Martinez v. Schriro, 623 F.3d 731 (9th Cir. 2010) Question Presented: Whether a defendant in a state criminal case who is prohibited by state law from raising on direct appeal any claim of ineffective assistance of trial counsel, but who has a state-law right to raise such a claim in a first postconviction… Read more

State v. Jimmie C. Grayer, 2010AP1749-CR, District 1, 6/1/11 court of appeals decision (not recommended for publication); for Grayer: Bridget E. Boyle; case activity Postconviction denial of ineffective assistance of counsel challenge without Machner hearing upheld. 1. Although counsel performed deficiently by inaccurately telling the jury in his opening statement that Grayer’s in-custody had not been recorded by the… Read more

State v. Derek J. Copeland, 2011 WI App 28; for Copeland: David Leeper; case activity Trial court has discretion under § 906.15(3) to order an attorney not to discuss with a sequestered witness who hasn’t yet testified the testimony of other witnesses; this authority extends to barring counsel from providing the sequestered witness with a… Read more

State v. Sidney Clark, 2010AP790, District 1, 2/23/11 court of appeals decision (not recommended for publication); for Clark: John A. Pray; case activity Clark can’t show prejudice from the deficient performance he alleges, therefore he isn’t entitled to a Machner hearing on ineffective assistance of counsel. ¶21      A postconviction hearing is necessary to sustain a claim of… Read more

State v. Tushar S. Achha, 2009AP1977-CR, District 2, 1/26/11 court of appeals decision (3-judge, not for publication); pro se; case activity; State Resp. Ineffective Assistance Claim – Necessity of Motion Failure to preserve a challenge to trial counsel’s performance via postconviction motion waives the issue on appeal, ¶19. Entrapment – Child Sex Crime with Computer… Read more

State v. Dekoria Marks, 2010 WI App 172 (recommended for publication); for Marks: Joel A. Mogren; Marks BiC; State Resp.; Reply Ineffective Assistance – Inconsistent Defenses Counsel’s choice to pursue potentially inconsistent defenses (self-defense; no involvement) was, in light of the “not uncommon practice of lawyers to argue inconsistent theories,” within the wide range of… Read more

decision below: summary order (not posted); case information here; prior appeal: 2001AP2527-CR; for Balliette: Steven D. Grunder, SPD, Madison Appellate Issue (from AG’s petition for review): Is an evidentiary hearing into the effectiveness of post-conviction counsel required in every case where the § 974.06 motion merely makes the conclusory allegation that post-conviction counsel was ineffective for… Read more