State v. Burt Terrell Johnson, Jr., 2010AP2654-CR, District 1, 9/13/11 court of appeals decision (not recommended for publication); for Johnson: Sara Heinemann Roemaat; case activity Counsel did not perform deficiently.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
D. Ineffective Assistance
State v. Carl Mills, 2010AP1746-CR, District 1, 9/7/11 court of appeals decision (not recommended for publication); for Mills: Randall E. Paulson, SPD, Milwaukee Appellate; case activity Trail counsel was not ineffective for failing to object to jury instructions and verdict forms with respect to unanimity on multiple counts of sexual assault of a single victim… 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State v. Stephen R. Jones, 2011AP864-CR, District 3, 8/30/11 court of appeals decision (1-judge, not for publication; for Jones: Brian P. Dimmer; case activity) Failure to move to strike juror wasn’t deficient performance.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Boatwright, 7th Cir No. 10-1156, 8/19/11 seventh circuit court of appeals decision, denying habeas relief on review of unpublished decision in 2003AP3412 and 2005AP1255 Habeas – Jury Selection – Ineffective Assistance – Defense Counsel’s Discriminatory Use of Peremptories In a nutshell,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
Kimberly A. v. Charles B., 2011AP129, District 3, 8/4/11 court of appeals decision (1-judge, not for publication); for Charles B.: Leonard D. Kachinsky; case activity Counsel’s strategic decision not to voir dire jurors about what they may have heard during a heated sidebar discussion, and instead to request a limiting instruction to disregard anything they… Read more
State v. Francine T., 2010AP3140 / State v. Emilano M., 2010AP2596, District 1, 8/3/11 court of appeals decision (1-judge, not for publication); for Francine T.: Theresa J. Schmieder; for Emilano M.: Brian C. Findley; case activity ¶17 Francine and Emiliano argue that the trial court lacked competence [5] to enter the June 2, 2010 TPR order because it did… Read more
