Dawn H. v. Pah-Nasa B., 2011AP1198, District 3, 11/29/11 court of appeals decision (1-judge, not for publication); for Pah-Nasa B.: Lora B. Cerone, SPD, Madison Appellate; case activity Given the proof of lack of parental responsibility as a ground for terminating Pah-Nasa’s rights, counsel’s failure to object to testimony about a fight between Pah-Nasa and his mother… Read more
2. Prejudice
Gregory L. Payne v. Basinger, 7th Cir No. 10-1869, 11/10/11 seventh circuit decision Ineffective Assistance of Counsel – Guilty Pleas – Prejudice The state court erroneously concluded that, because Basinger would have been convicted anyway had he gone to trial, he suffered no prejudice from counsel’s erroneous advice as to the maximum sentence he faced… Read more
Samuel Morgan v. Hardy, 7th Cir No. 10-3155, 11/7/11 seventh circuit decision Habeas – Recantation The Illinois state court didn’t mishandle either the facts or applicable law, and its rejection of State witness Prater’s post-trial recantation as incredible wasn’t unreasonable. The petitioner’s task is to “show[] that the state court determined an underlying factual issue against the clear and… Read more
Matthew Steffes v. Thurmer, 7th Cir No. 09-3317, 11/4/11 seventh circuit decision, denying habeas relief on review of 2006AP1633-CR The “concurrent sentence doctrine” – which “allows appellate courts to decline to review a conviction carrying a concurrent sentence when one ‘concurrent’ conviction has been found valid,” Cheeks v. Gaetz, 571 F.3d 680, 684-85 (7th Cir.2009) – doesn’t… Read more
State v. David W. Domke, 2011 WI 95, reversing unpublished decision; for Domke: Martha K. Askins, SPD, Madison Appellate; case activity Although Domke establishes deficient performance in several different respects, he fails to satisfy his burden of showing prejudice. Failure to object to hearsay testimony / medical treatment and diagnosis exception inapplicable to counselors and… Read more
Kathleen N. v. Brenda L. C., 2010AP2737, District 4, 10/27/11 court of appeals decision (1-judge, not for publication); for Brenda l.C.: Eileen A. Hirsch, SPD, Madison Appellate; case activity Brenda isn’t entitled to a new TPR trial in the interests of justice, notwithstanding a line of inquiry that went to the respective financial capabilities of Brenda… Read more
State v. Edward Beck, 2010AP872-CR, District 4, 10/20/11 court of appeals decision (1-judge, not for publication); pro se; case activity Circuit court is under no obligation to seek extension of the § 809.30(2) limitation period for its ruling on a postconviction motion. ¶6 Beck reads too much into the 2001 amendment to Wis. Stat. § 809.30(2)(i). The amendment simply added language… Read more
State v. Omark D. Ward, 2011 WI App 151 (recommended for publication); for Ward: Mary Scholle, SPD, Milwaukee Appellate; case activity Ineffective Assistance of Counsel – DNA Search Warrant Court commissioner’s order that Ward provide DNA sample violated “oath or affirmation” requirement for warrants: ¶10 Unless a person consents to giving a sample of his or her… Read more
