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
8. Counsel, 6th Am.
State v. Charles R. Black, 2009AP2036-CR, District 4, 1/13/10 court of appeals decision (3-judge, not recommended for publication); for Black: Devon M. Lee, SPD, Madison Appellate; case activity; Black BiC; State Resp.; Reply Expert Opinion – “Jensen” Testimony – Failure to Object An expert may testify that a complainant’s behavior is consistent with a sexual… Read more
Thomas Vitrano v. Milwaukee Police Department, 2010AP1987, District 1, 1/11/11 court of appeals decision (1-judge, not for publication); pro se; case activity; Resp. Br. footnote 2: We note with some frustration that neither party included a single citation to the record in their respective briefs in violation of Wis. Stat. Rule 809.19(1)(d). Record cites are… Read more
Docket Decision below (311 S.W.3d 350, Mo. Ct. App) Question Presented: Contrary to the holding in Hill v. Lockhart, 474 U.S. 52 (1985)–which held that a defendant must allege that, but for counsel’s error, the defendant would have gone to trial–can a defendant who validly pleads guilty successfully assert a claim of ineffective assistance of… Read more
Docket Decision below (CTA6) Questions Presented: Anthony Cooper faced assault with intent to murder charges. His counsel advised him to reject a plea offer based on a misunderstanding of Michigan law. Cooper rejected the offer, and he was convicted as charged. Cooper does not assert that any error occurred at the trial. On habeas review… Read more
State v. Kenneth B. Bonner, 2010AP1414-CR, District 1, 12/28/10 court of appeals decision (1-judge, not for publication); for Bonner: Dennis P. Coffey; case activity; Bonner BiC; State Resp. Counsel – Waiver The trial court’s waiver colloquy omitted two required components: assurance that the defendant made a deliberate choice to proceed without counsel, and was aware… Read more
State v. Charles A. Bouc, 2010AP180, District 2, 12/22/10 court of appeals decision (3-judge, not recommended for publication); for Bouc: Adam Walsh; case activity; Bouc BiC; State Resp.; Reply Effective Assistance – Plea Advice Counsel did not fall short of normative performance standards, where he weighed with his client the pros and cons of admissibility of… Read more
Office of Lawyer Regulation v. Nikola P. Kostich, 2010 WI 136 Counsel publicly reprimanded for “a clear conflict of interest,” SCR 20:1.9(a): sexual assault victim had consulted counsel about suing his assailant, and counsel later represented assailant in criminal case involving number of victims including the one who had consulted him. The matters were “the… Read more
