State v. Chester C., 2009AP2824, District I, 5/4/10 court of appeals decision (1-judge; not for publication); for Chester C.: Dianne M. Erickson TPR – Effective Assistance of Counsel Failure to demonstrate prejudice within the meaning of Strickland dooms this ineffective-assistance claim that trial counsel failed to object to various hearsay statements: ¶7 Other than complaining… Read more
D. Ineffective Assistance
court of appeals decision (3-judge; not recommended for publication); for Jackson: Mark S. Rosen; BiC: Resp.; Reply Double Jeopardy – Retrial Following Mistrial Mistrial on defendant’s motion, occasioned by prosecutorial failure to disclose that witness was cooperating with police in separate investigation of Jackson, didn’t bar retrial: there was no showing that the prosecutor was… Read more
court of appeals decision (1-judge, not for publication); for Keri H.: Leonard D. Kachinski IAC Claim – TPR “The decision not to emphasize events preceding the current termination petitions was a reasonable strategic choice and does not constitute ineffective assistance of counsel,” ¶11. Separately: counsel did not perform deficiently in his efforts to obtain Keri… Read more
court of appeals decision (3-judge; not recommended for publication); for Jackson: Byron C. Lichstein; BiC; Resp.; Reply Hearsay, Child Sexual Assault, Residual Exception Statements by youthful sex assault complainants admissible under residual hearsay exception, court rejecting idea that it’s thereby allowing exception to swallow general rule against hearsay admissibility; confrontation objection forfeited). Counsel – Strategic… Read more
court of appeals decision (3-judge; not recommended for publication); pro se; Resp. Br. Postconviction Motion, IAC Claim Denial of Machner hearing upheld: defendant’s affidavit in support of motion “conclusory,” and claims otherwise contradicted by contemporaneous record… Read more
Padilla v. Kentucky, USSC No. 08-651, 3/31/10 In sum, we have long recognized that the negotiation of a plea bargain is a critical phase of litigation for purposes of the Sixth Amendment right to effective assistance of counsel. Hill , 474 U. S., at 57; see also Richardson , 397 U. S., at 770–771. The severity of… Read more
court of appeals decision (3-judge; not recommended for publication); for Lidell: Jeremy C. Perri, SPD, Milwaukee Appellate; BiC; Resp. Br.; Reply Br. Ineffective Assistance Failure to impeach complainant with various prior inconsistent statements either adequate strategy or non-prejudicial; failure to call witnesses proper strategy, where attorney interviewed them and determined “that their demeanor would not help the defense.”… Read more
court of appeals decision (3-judge; not recommended for publication); BiC; Resp. Br.; Reply Br. Ineffective Assistance Machner hearing not required because record “conclusively demonstrates” no deficient performance; nor can prejudice be shown from asserted deficiency… Read more
