a. Prejudice found

MC Winston v. Boatwright, 7th Cir No. 10-1156, 8/19/11 seventh circuit court of appeals decision, denying habeas relief on review of unpublished decision in 2003AP3412 and 2005AP1255 Habeas – Jury Selection – Ineffective Assistance – Defense Counsel’s Discriminatory Use of Peremptories In a nutshell, this case presents the question whether the constitutional rights of the… 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. Tarence A. Banks, 2010 WI App 107; for Banks: Scott D. Obernberger; BiC; Resp.; Reply Evidence – Comment on Refusal to Provide DNA – Ineffective Assistance Prosecutorial use of Banks’ refusal, after arrest, to provide a warrantless DNA sample penalized him for exercising a constitutional right. Because no contemporaneous objection was made, the… Read more

Johnbull K. Osagiede v. USA, 543 F.3d 399 (7th Cir 2009) Issue/Holding: Counsel’s ignorance of rights available, under VCCR Art. 36, to her Nigerian national client was deficient: Osagiede’s claim is a common one in Sixth Amendment cases. In essence, Osagiede argues that his lawyer should have been aware of his legal rights under Article 36 and… Read more

State v. Eric D. Cooks, 2006 WI App 262 For Cooks: Joseph E. Redding Issue/Holding: ¶50      Cooks, as the trial court found, provided Barth with the names of alibi witnesses and Barth had Cooks testify to his alibi. However, Barth failed to investigate the potential alibi witnesses and argue Cooks’ alibi to the jury. Barth… Read more

State v. Jeannie M.P., 2005 WI App 183 For Jeannie M.P.: Michael Yovovich, Eileen Hirsch, SPD, Madison Appellate Issue/Holding: Where counsel knew, or should have known, of evidence establishing possible motives for each of the two crucial State’s witnesses; and where adducing evidence of those motives would have been consistent with the chosen theory of defense… Read more

State v. Joseph J. Guerard, 2004 WI 85, reversing unpublished decision of court of appeals For Guerard: Joseph L. Sommers Issue/Holding: Failure to interview or subpoena an investigator to whom the defendant’s brother had confessed was deficient performance; the basis for this failure, that counsel “thought the confessions were hearsay and that York’s reports were the work product of… Read more