7th Circuit decision, denying relief in: Wis COA No. 2003AP1885 Habeas – Effective Assistance of Counsel – Lesser Included Instruction Given state court conclusion that Lopez was not entitled to lesser offense instruction on felony-murder, counsel could not have been ineffective for failing to request the instruction. Nor was the absence of the instruction “a fundamental miscarriage of… Read more
8. Counsel, 6th Am.
court of appeals decision (not recommended for publication); Resp Br. (Berard); Reply (State) Counsel – Conflict of Interest – Prior Representation in Unrelated Case “Berard’s postconviction showing that Peter B. was Attorney Smith’s former client in an unrelated case and that he wanted to pin his charged crimes on Peter B. does not equate to a showing… Read more
court of appeals decision, affirmed, 2011 WI 27; for Beauchamp: Martin E. Kohler, Craig S. Powell; case activity Dying Declaration, § 908.045(3) ¶8 … dying declaration, codified in Wisconsin Stat. Rule 908.045(3): “A statement made by a declarant while believing that the declarant’s death was imminent, concerning the cause or circumstances of… Read more
court of appeals decision (1-judge; ineligible for publication) Sanctions – Defendant’s Failure to Appear – Default Judgment Court not empowered to enter default judgment in civil claim where defendant appears by counsel but not in person; odd discussion of “puerile” “tactic of some traffic defense lawyers to make the government prove identity without the defendant… Read more
court of appeals decision; for Jeffrey A.W.: Hans P. Koesser Resp Br; Reply Counsel – Adequacy of Investigation Attempt to demonstrate absence of herpes in defendant—an issue central to this sexual assault prosecution—was, although failure, not product of deficient performance, ¶12: There is no question that trial counsel’s investigation yielded the wrong information. But that… Read more
court of appeals decision (1-judge; not for publication) Delinquency – Venue Delinquency venue is where the juvenile resides, § 938.185(1)(a), which is where the legal custodian establishes the child’s domicile; legal custodian of Jennifer Z. was Taylor Co. Human Services, therefore she resided in Taylor Co. Ineffective Assistance of Counsel – Eliciting Incriminating Testimony Counsel’s… Read more
State v. Jeffrey A.W., 2010 WI App 29; for Jeffrey A.W.: Hans P. Koesser Adequacy of Counsel Investigation Counsel’s attempt to demonstrate the absence of herpes in the defendant—an issue central to this sexual assault prosecution—was, although a failure, not the product of deficient performance. ¶12 There is no question that trial counsel’s investigation yielded… 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
