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
2. Prejudice
State v. Roberto Vargas Rodriguez, 2006 WI App 163, PFR filed 8/28/06 For Rodriguez: Donna L. Hintze, SPD, Madison Appellate Issue/Holding: ¶39 Questions that call for a narrative are generally improper because they do not alert court and counsel to the subject about which the witness is about to testify. There are exceptions, however, and whether… 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State v. Joseph J. Guerard, 2004 WI 85, reversing unpublished decision of court of appeals For Guerard: Joseph L. Sommers Issue/Holding: Failure to interview or subpoena an investigator to whom the defendant’s brother had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
State v. Derryle S. McDowell, 2004 WI 70, affirming 2003 WI App 168; habeas relief denied, McDowell v. Kingston, 497 F.3d 757 (7th Cir 2007) For McDowell: Christopher J. Cherella Amici: Keith A. Findley, John A. Pray Issue/Holding: (Given the significance of the holding, at-length quoting is required in regard to counsel’s performance obligations relative to a client whose testimony… Read more
State v. David Arredondo, 2004 WI App 7, PFR filed 1/22/04 For Arredondo: James A. Rebholz Issue/Holding: “Second, Arredondo claims that his trial attorney failed to impeach Garza’s testimony with false statements Garza made to the police. This claim fails on both the deficiency and prejudice prongs. Arredondo cannot show prejudice because Garza admitted on direct-examination that… Read more
State v. Jimmie R.R., 2004 WI App 168, motion for reconsideration denied 9/15/04 For Jimmie R.R.: Martha K. Askins, SPD, Madison Appellate Issue/Holding: Counsel’s failure to research admissibility of testimony which controlling caselaw plainly regards as confidential was deficient: ¶23. While Swierenga’s testimony was admissible, Geske’s was not. Crowell, which Greve reaffirmed, plainly instructs that information obtained during a court-ordered… Read more
