William Kerr v. Thurmer, 7th Cir No. 09-1032, 3/28/11 – Part I 7th circuit decision, on habeas review of summary orders in 2001AP168 (§ 809.30 appeal) and 2003AP2332 (§ 974.06 appeal) Due to the nature of the issues and length of discussion, this case will be canvassed in multiple posts. Part II (procedural default) is… Read more
2. Prejudice
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State v. Christopher Donnell Jones, 2010AP164-CR, District 1, 3/29/11 court of appeals decision (not recommended for publication); for Jones: Melinda A. Swartz, SPD, Milwaukee Appellate; case activity Counsel’s failure to impeach police officers with their reports, which omitted certain details they testified to, wasn’t prejudicial. Therefore, the postconviction court properly denied relief without holding a… Read more
State v. Sidney Clark, 2010AP790, District 1, 2/23/11 court of appeals decision (not recommended for publication); for Clark: John A. Pray; case activity Clark can’t show prejudice from the deficient performance he alleges, therefore he isn’t entitled to a Machner hearing on ineffective assistance of counsel. ¶21 A postconviction hearing is necessary to sustain a claim of… Read more
decision below: unpublished; case activity Issues (formulated by On Point): Whether Domke was denied effective assistance of counsel by trial counsel’s: failure to object to inadmissible hearsay in the form of a social worker’s testimony reciting the complainant’s recitation of the alleged sexual assaults; producing, without first interviewing her, the complainant’s mother as a defense witness who… Read more
State v. Demetrius M. Boyd, 2011 WI App 25; for Boyd: Rebecca Robin Lawnicki; case activity; Boyd BiC; State Resp.; Reply Request for New Counsel An indigent defendant doesn’t have the right to counsel of choice, but does have the right to counsel with whom he or she can communicate effectively. When an indigent defendant… Read more
Harrington v. Richter, USSC No. 09-587, 1/19/11, reversing grant of habeas relief, in 578 F. 3d 944 The 9th Circuit failed to give sufficient deference to the state court’s determination that Richter received adequate representation, requiring reversal of it grant of AEDPA-2254 habeas relief. The principal thrust of the opinion relates to the standard of review, both… Read more
Premo v. Moore, USSC No. 09-659, 1/19/11, vacating grant of habeas relief, in 574 F.3d 1092 Moore, who admitted brutalizing the victim and shooting him in the temple, accepted a plea bargain on advice of counsel: he pleaded guilty to felony-murder, and received the minimum allowable sentence, thus avoiding a capital-offense charge. He raised a postconviction… Read more
