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
5. Particular issues
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
7th circuit court of appeals decision Habeas Review – Exculpatory Evidence Statements of three eyewitnesses, not disclosed to the defendant, that would have implicated the state’s principal eyewitness and otherwise impeached his credibility and that of 2 other state’s witnesses was “material.” It is reasonably probable that disclosure would have netted a different result, and… Read more
Renico v. Lett, USSC No. 09-338, 5/3/10 The state court’s conclusion of manifest necessity for mistrial where the foreperson reported inability to reach unanimity wasn’t unreasonable, hence grant of habeas relief is vacated: … (T)rial judges may declare a mistrial “whenever, in their opinion, taking all the circumstances into consideration, there is a manifest necessity”… Read more
Berghuis v. Smith, USSC No. 08-1402, 3/30/10 Defendants have Sixth Amendment right to impartial jury drawn from fair cross section of community. To establish prima facie violation of this “fair-cross-section,” requirement, a defendant must prove that: (1) a group qualifying as “distinctive” (2) is not fairly and reasonably represented in jury venires, and (3) “systematic… Read more
7th circuit court of appeals decision; habeas review of: Wis court of appeals decision, 03AP3252 Habeas – Supplement Record … Although we generally decline to supplement the record on appeal with materials not before the district court, we have not applied this position categorically. See, e.g., Ruvalcaba v. Chandler, 416 F.3d 555, 562 n.2 (7th Cir. 2005) (in habeas… 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
