Alan Ward v. Deppisch, 7th Cir No. 08-2809, 07/23/2010 7th circuit decision, review of unpublished court of appeals decision Habeas – Procedural Default The state argues that Ward procedurally defaulted his claim because he failed to fairly present the Wisconsin courts with a federal issue, and the state courts ruled against Ward based on adequate… Read more
2. Prejudice
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
Freddie L. Byers, Jr., v. Basinger, 7th Cir No. 09-1833, 7/9/10 7th Circuit decision Habeas – Exhaustion To exhaust a federal claim, a 2254 petitioner must have “fairly presented” it to the state court. … We use four factors to evaluate whether a petitioner has “fairly presented” his claim: “1) whether the petitioner relied on… Read more
Sears v. Upton, USSC No. 09-8854, 6/29/10 United States Supreme Court decision The state court concluded that in this death penalty case, counsel failed to conduct more than a cursory penalty-phase investigation (and thus failed to determine that Sears suffered significant frontal lobe damage and had endured significant childhood abuse). However, the state court also… Read more
John Ebert v. Gaetz, 7th Circuit No. 09-1627, 6/23/10 7th circuit court of appeals decision When the ineffective assistance claim is based on counsel’s failure to file a motion to suppress, as it is here, the defendant must also prove “that his Fourth Amendment claim is meritorious and that there is a reasonable probability that… Read more
State v. Michael James Carter, 2010 WI 40 Wisconsin supreme court decision, reversing unpublished summary order; for Carter: John T. Wasielewski; BiC (State); Resp.; Reply Counsel made a reasonable tactical decision not to search for admissibility of sexual conduct evidence as an exception to the rape shield law. Therefore, Carter can’t show deficient performance. Separately… Read more
State v. Chester C., 2009AP2824, District I, 5/4/10 court of appeals decision (1-judge; not for publication); for Chester C.: Dianne M. Erickson TPR – Effective Assistance of Counsel Failure to demonstrate prejudice within the meaning of Strickland dooms this ineffective-assistance claim that trial counsel failed to object to various hearsay statements: ¶7 Other than complaining… Read more
Failure to Object/Seek Admissibility; Guilty Pleas/Plea Bargains; Jury Instructions; Jury Selection; Sentencing; Prejudice; Litigating IAC Claims; IAC and Interest of Justice; Sanctions; Malpractice Claim… Read more
