Wisconsin supreme court decision Public reprimand for: “over-litigating” small claims case; taking position adverse to clients’ interest; pursuing frivolous argument; “making a baseless statement” about opposing counsel/party. Seven-plus years ago, counsel assumed representation of two debtors trying to get out of a $491.36 bill for medical services. The dust from the ensuing litigation volcano settles… Read more
8. Counsel, 6th Am.
court of appeals decision (3-judge; not recommended for publication); for Jackson: Byron C. Lichstein; BiC; Resp.; Reply Hearsay, Child Sexual Assault, Residual Exception Statements by youthful sex assault complainants admissible under residual hearsay exception, court rejecting idea that it’s thereby allowing exception to swallow general rule against hearsay admissibility; confrontation objection forfeited). Counsel – Strategic… Read more
court of appeals decision (3-judge; not recommended for publication); pro se; Resp. Br. Postconviction Motion, IAC Claim Denial of Machner hearing upheld: defendant’s affidavit in support of motion “conclusory,” and claims otherwise contradicted by contemporaneous record… Read more
Padilla v. Kentucky, USSC No. 08-651, 3/31/10 In sum, we have long recognized that the negotiation of a plea bargain is a critical phase of litigation for purposes of the Sixth Amendment right to effective assistance of counsel. Hill , 474 U. S., at 57; see also Richardson , 397 U. S., at 770–771. The severity of… Read more
court of appeals decision (3-judge; not recommended for publication); for Lidell: Jeremy C. Perri, SPD, Milwaukee Appellate; BiC; Resp. Br.; Reply Br. Ineffective Assistance Failure to impeach complainant with various prior inconsistent statements either adequate strategy or non-prejudicial; failure to call witnesses proper strategy, where attorney interviewed them and determined “that their demeanor would not help the defense.”… Read more
court of appeals decision (3-judge; not recommended for publication); BiC; Resp. Br.; Reply Br. Ineffective Assistance Machner hearing not required because record “conclusively demonstrates” no deficient performance; nor can prejudice be shown from asserted deficiency… Read more
7th circuit court of appeals decision Habeas – Ineffective Assistance – Extraneous Juror Influence 1. Where both defendant and homicide victim were African-American, in-court proclamation from latter’s mother that “the situation is racist” is deemed to be “ambiguous and apparently innocuous.” It follows that counsel’s failure to pursue the matter was reasonable. Remmer v. United States… Read more
7th Circuit court of appeals decision Habeas – Procedural Bar Smith defaulted one claim by failing to raise it “in a full round of appellate review” in state court (i.e., he failed to include the issue in his request for Illinois supreme court review). He is unable to overcome the resultant bar on habeas review… Read more
