Docket Decision below (311 S.W.3d 350, Mo. Ct. App) Question Presented: Contrary to the holding in Hill v. Lockhart, 474 U.S. 52 (1985)–which held that a defendant must allege that, but for counsel’s error, the defendant would have gone to trial–can a defendant who validly pleads guilty successfully assert a claim of ineffective assistance of… Read more
D. Ineffective Assistance
Docket Decision below (CTA6) Questions Presented: Anthony Cooper faced assault with intent to murder charges. His counsel advised him to reject a plea offer based on a misunderstanding of Michigan law. Cooper rejected the offer, and he was convicted as charged. Cooper does not assert that any error occurred at the trial. On habeas review… Read more
State v. Charles A. Bouc, 2010AP180, District 2, 12/22/10 court of appeals decision (3-judge, not recommended for publication); for Bouc: Adam Walsh; case activity; Bouc BiC; State Resp.; Reply Effective Assistance – Plea Advice Counsel did not fall short of normative performance standards, where he weighed with his client the pros and cons of admissibility of… Read more
State v. Kenneth E., 2010AP1520, District 1, 12/7/10 court of appeals decision (1-judge, not for publication); for Kenneth E.: Mary D. Scholle, SPD, Milwaukee Appellate (The Court’s Case Access site has posted Kenneth E.’s principal and reply briefs. This is atypical; the court’s normal practice is not to post briefs, because of the confidentiality that… 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
State v. Morris L. Harris, 2009AP2759-CR, District 1, 11/2/10 court of appeals decision (3-judge, not recommended for publication); for Harris: Gary Grass; BiC; Resp.; Reply Guilty Plea – Withdrawal – Presentence The trial court properly applied the “fair and just reason” standard to Harris’s presentencing motion to withdraw guilty plea, ¶¶5-9. The particular grounds asserted… Read more
7th circuit court of appeals decision, on habeas review of summary order of Wisconsin court of appeals Habeas – Procedural Default & No-Merit Report Johnson’s failure to assert an ineffective assistance of (trial) counsel claim in response to his appellate attorney’s no-merit report did not procedurally default that claim for purposes of subsequent collateral attack… Read more
State v. John M. Anthony, 2009AP2171-CR, District 1, 10/13/10 court of appeals decision (3-judge, not recommended for publication); pro se; Resp. Br. Motion to withdraw Plea, Pre-Sentence Based on trial court findings that Anthony decision to plead no contest was based on his attorney’s informed assessment that he was likely to be found guilty if he… Read more
