D. Ineffective Assistance

William Kerr v. Thurmer, 7th Cir No. 09-1032, 3/28/11 – Part I 7th circuit decision, on habeas review of summary orders in 2001AP168 (§ 809.30 appeal) and 2003AP2332 (§ 974.06 appeal) Due to the nature of the issues and length of discussion, this case will be canvassed in multiple posts. Part II (procedural default) is… Read more

Gordon Sussman v. Jenkins, 7th Cir No. 09-3940, 4/1/11 7th circuit decision, granting habeas relief in State v. Sussman, 2007AP687-CR; in chambers opinion on stay Habeas – Confrontation – Rape Shield and Prior False Allegation The state court unreasonably restricted Sussman’s cross-examination of his chief accuser, and thus violated his right to confrontation, by precluding… Read more

State v. Christopher Donnell Jones, 2010AP164-CR, District 1, 3/29/11 court of appeals decision (not recommended for publication); for Jones: Melinda A. Swartz, SPD, Milwaukee Appellate; case activity Counsel’s failure to impeach police officers with their reports, which omitted certain details they testified to, wasn’t prejudicial. Therefore, the postconviction court properly denied relief without holding a… Read more

State v. Winston B. Eison, 2011 WI App 52; for Eison: Andrea Taylor Cornwall, SPD, Milwaukee Appellate; case activity Preservation of Issue – Motion in Limine Eison objected to introduction of evidence of his arrest on an unrelated offense via motion in limine, which the trial court granted. At trial, however, the court allowed the State to… 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State v. Sidney Clark, 2010AP790, District 1, 2/23/11 court of appeals decision (not recommended for publication); for Clark: John A. Pray; case activity Clark can’t show prejudice from the deficient performance he alleges, therefore he isn’t entitled to a Machner hearing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State v. Richard L. Daniels, 2010AP1715-CR, District 3, 2/23/11 court of appeals decision (1-judge, not for publication); for Daniels: John M. Carroll; case activity Ineffective Assistance of Counsel – Voluntary Intoxication Voluntary intoxication requires that the defendant establish utter lack of capability to form the requisite intent; because Daniels’ version couldn’t make this showing, counsel’s… Read more