State ex rel. Richard A. Ford (II) v. Holm, 2006 WI App 176, PFR filed 9/11/06; on appeal following remand in 2004 WI App 22 (“Ford I”) For Ford: James R. Troupis For Amicus: Joseph N. Ehmann, SPD, Madison Appellate Issue/Holding: Given circuit court findings “that Ford affirmatively elected not to pursue any issue that… Read more
D. Ineffective Assistance
State v. David S. Leighton, 2000 WI App 156, 237 Wis.2d 709, 616 N.W.2d 126 For Leighton: Daniel Snyder Issue: Whether defendant’s first counsel was ineffective for failing to file formal discovery demand and investigate various matters. Holding: Because counsel withdrew before the prelim, and because there is no right to discovery before prelim, counsel… Read more
State v. Theodore Oswald, 2000 WI App. 2, 232 Wis.2d 62, 606 N.W.2d 207 For Oswald: Jerome F. Buting, Kathleen B. Stilling Issue: Whether counsel was ineffective for rejecting an NGI defense, where two defense experts rejected the defense but after trial one acknowledged that he misunderstood the correct test and that his opinion was… Read more
Vonaire T. Washington v. Smith, 219 F.3d 620 (7th Cir. 2000) For Washington: Robert R. Henak Issue/Holding: Trial consel’s performance was deficient in three respects: Last-minute issuance of subpoena for hard-to-find witness, on theory that trials are often adjourned at last minute anyway. (“(P)lacing witness convenience above the vital interests of his client does not make… Read more
State v. Liliana Petrovic, 224 Wis.2d 477, 592 N.W.2d 238 (Ct. App. 1999) For Petrovic: Robert B. Rondini Issue/Holding: Counsel’s cross of a detective elicited testimony that Petrovic refused to answer questions about her drug involvement during custodial examination. The court rejects her argument that counsel’s examination was deficient. Counsel “reasonably believed,” based on pretrial… Read more
