State v. Gloria C., 2012AP1693 and 2012AP1694, District 1, 2/5/13; court of appeals decision (1-judge, ineligible for publication); case activity Trial counsel was not ineffective for failing to object to the opinion testimony of the parent’s ongoing case manager, who said that based on the parent’s conduct in the preceding two years, she would not… Read more
2. Prejudice
State v. Stephen Lehman, 2011AP2821-CR, District I (not recommended for publication). Case activity. Lehman pled guilty to 2 counts of burglary of a dwelling. The trial court sentenced him to 5 years of initial confinement and 3 years of extended supervision for each count. The court ran the sentences consecutively, ordered Lehman to pay… Read more
State v. Douglas H. Stream, Case No. 2011AP2051, District 1, 1/29/13; court of appeals decision (not recommended for publication); case activity The circuit court properly denied the defendant’s Wis. Stat. § 974.06 postconviction motion, which claimed that his trial lawyer was ineffective for not objecting to references to the truthfulness of his confession during a… Read more
Questions Presented: This case presents three questions involving· AEDPA (the Antiterrorism and Effective Death Penalty Act of 1996), and Lafler v. Cooper, 132 S. Ct. 1376 (2012), this Court’s recent decision expanding ineffective-assistance-of-counsel claims to include rejected plea offers: 1. Whether the Sixth Circuit failed to give appropriate deference to a Michigan state court under… Read more
State v. Willie M. McDougle, 2013 WI App 43; case activity Failure to object to admission of, and expert opinion based on, autopsy reports prepared by another pathologist Trial counsel was not ineffective for failing to object on confrontation clause grounds to either the opinion testimony of the pathologist who did not conduct autopsy or… Read more
State v. Jeremiah J. Purtell, 2012AP1307-CR, District 2, 3/7/13 (not recommended for publication); petition for review granted 11/20/13. Case activity. This case concerns a probation agent’s search of the defendant’s computers. Following a conviction for 2 counts of animal cruelty, a court placed the defendant on probation and imposed a condition that he not own… Read more
Martin Woolley v. Rednour, 7th Cir No. 10-3550, 12/14/12 seventh circuit decision Habeas Review – Issue Left Unaddressed by State Court Where, on state (Illinois) postconviction review of an IAC claim, the trial court ruled that counsel’s performance had been deficient but not prejudicial, and the state appellate court affirmed solely on the basis of… Read more
State v. Travis J. Guttu, 2012AP129-CR, District 3/4, 11/28/12 court of appeals decision (not recommended for publication); case activity After entering guilty pleas to multiple counts, Guttu unsuccessfully sought presentencing plea-withdrawal. After sentencing, he sought to withdraw the pleas on different grounds, more particularly: counsel was ineffective for failing to assert Guttu’s lack of knowledge… Read more
