7th circuit court of appeals decision Habeas – Ineffective Assistance – Extraneous Juror Influence 1. Where both defendant and homicide victim were African-American, in-court proclamation from latter’s mother that “the situation is racist” is deemed to be “ambiguous and apparently innocuous.” It follows that counsel’s failure to pursue the matter was reasonable. Remmer v. United States… Read more
D. Ineffective Assistance
Wisconsin supreme court decision; below: certification; for Wood: Kristin E. Lehker; for amicus, Disability Rights Watch: Kristin Kerschensteiner; Supp. App. Br.; Supp. Resp.; Supp. Reply Due Process Challenge to Statute ¶13 A party may challenge a law or government action as being unconstitutional on its face. Under such a challenge, the challenger must show that the law cannot… Read more
court of appeals decision (1-judge, not for publication) BiC; Resp. Br.; Reply Br. Traffic Arrest Probable cause to believe Broad drove on public roadway, hence to arrest for OWI, where car was found off the road, Broad was in driver’s seat and admitted to being driver, car “was warm and running.” Right to Testify Violation of… Read more
7th Circuit decision Terry Stop / Frisk 1. Pulling up in a patrol car and telling Gentry to keep his hands up amounted to a stop for purposes of Terry analysis. 2. The stop, which was based on a report of a “suspicious person,” without reference to any specific facts concerning a crime, was not… Read more
court of appeals decision (3-judge; not recommended for publication); Resp. Br; Reply Br Exculpatory Material Defense had access to assertedly suppressed exculpatory material, hence no Brady violation. Effective Assistance Counsel had valid tactical reason for cross-examination approach; failure to file discovery demand, object to certain testimony: “The defendant must affirmatively prove prejudice. … Walker has not even attempted… Read more
court of appeals decision (3-judge; not recommended for publication) Machner Hearing Postconviction motion conclusory, didn’t require Machner hearing on effective assistance. Recusal Judicial comments reflecting attempt to get Jackson to tell truth in connection with asserted problems with lawyer didn’t establish judicial bias. Sentencing Sentence taking into account primary factors and much less than maximum… Read more
court of appeals decision; for Marinez: David Leeper; BiC; Resp. Br.; Reply Br. Appellate Procedure – Waiver and Effective Assistance of Counsel ¶12 n. 12: Although Marinez argues ineffective assistance of counsel, he also asks that we review his statutory and due process arguments directly. He cites to State v. Anderson, 2006 WI 77, ¶26, 291 Wis. 2d… Read more
7th Circuit decision, denying relief in: Wis COA No. 2003AP1885 Habeas – Effective Assistance of Counsel – Lesser Included Instruction Given state court conclusion that Lopez was not entitled to lesser offense instruction on felony-murder, counsel could not have been ineffective for failing to request the instruction. Nor was the absence of the instruction “a fundamental miscarriage of… Read more
