Joseph Muniz v. Smith, 6th Cir. No. 09-2324, 7/29/11 sixth circuit court of appeal decision Habeas – Ineffective Assistance – Sleeping Counsel The fact that counsel has slept through a portion of trial does not, alone, amount to denial of counsel so as to require relief under United States v. Cronic, 466 U.S. 648 (1984), rather than inquiry into the prejudice component of Strickland… Read more
c. Counsel
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
seventh circuit court of appeals decision Ineffective Assistance – NGI Defense – Habeas Review Counsel performed deficiently by failing to: adequately prep his NGI expert witness, who had performed only a competency evaluation of Wilson and wasn’t given the opportunity for a reinterview with the distinct purpose of an NGI evaluation; present testimony of family… Read more
Johnbull K. Osagiede v. USA, 7th Cir No. 07-1131, 9/9/08 Issue/Holding: Counsel’s ignorance of VCCR Art. 36 rights available to foreign 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 should have… Read more
