Categories
10. Defenses 2. Prejudice 45. WI Court of Appeals 8. Counsel, 6th Am. A. Statutory defenses b. Prejudice not found C. Unpublished Opinions D. Ineffective Assistance

COA: no right to defend property by pointing gun at woman who came to settle a bill

State v. Scott A. Walker, 2019AP1138, 11/7/19, District 4 (one-judge decision; ineligible for publication); case activity (including briefs) A jury found Walker guilty of intentionally pointing a firearm at a person contrary to Wis. Stat. § 941.20(1)(c). He claims his trial lawyer was ineffective for failing to raise a defense under Wis. Stat. §§ 939.45(2) […]
Source: WI Public Defenders – On Point
COA: no right to defend property by pointing gun at woman who came to settle a bill

Categories
1. Appeals 1. Deficient performance 18. Newly discovered evidence 2. Prejudice 45. WI Court of Appeals 8. Counsel, 6th Am. b. Not found b. Prejudice not found C. Unpublished Opinions D. Ineffective Assistance K. Standards of Review

Ineffective assistance, newly discovered evidence claims fail

State v. Robert C. Washington, 2018AP1771-CR, District 1, 10/8/19 (not recommended for publication); case activity (including briefs) Washington was convicted of first degree reckless homicide and first degree reckless injury for shooting his two sons, killing one and injuring the other. He argues his lawyer was ineffective for advising him to plead without discussing possible […]
Source: WI Public Defenders – On Point
Ineffective assistance, newly discovered evidence claims fail

Categories
1. Deficient performance 2. Prejudice 20. Guilty pleas 2018-19 Term 3. Before sentencing 44. WI Supreme Court 8. Counsel, 6th Am. b. Not found B. Opinions b. Prejudice not found D. Ineffective Assistance D. Plea withdrawal Important Posts Uncategorized

SCOW: professional misconduct warranting suspension does not demonstrate ineffective assistance of counsel

State v. Tyrus Lee Cooper, 2016AP375-CR, 6/20/19, affirming a per curiam court of appeals opinion, case activity (including briefs) Cooper moved for pre-sentencing plea withdrawal and filed an OLR grievance because his lawyer failed to provide him with discovery, contact witnesses, and communicate with him. Days before trial, his unprepared lawyer misled him about the […]
Source: WI Public Defenders – On Point
SCOW: professional misconduct warranting suspension does not demonstrate ineffective assistance of counsel

Categories
1. Deficient performance 2. Prejudice 8. Counsel, 6th Am. D. Ineffective Assistance

The Strickland standard stinks

You don’t have to say that 3 times fast . . . or slow. We all know it’s true. Here is a study that confirms the point. While the article focuses on death penalty cases, its conclusions apply broadly. Want to challenge Strickland? This article is a place to start.
Source: WI Public Defenders – On Point
The Strickland standard stinks

Categories
1. Appeals 11. Defense Wins 2. Prejudice 20. Guilty pleas 2018-19 Term 23. Structural error 44. WI Supreme Court 6. Waiver of appeal 8. Counsel, 6th Am. A. Plea agreements a. Prejudice found A. Right to appeal B. Opinions D. Ineffective Assistance Important Posts L. Harmless Error

SCOTUS: lawyer who ignores client’s request for appeal from guilty plea is ineffective

Garza v. Ohio, USSC No. 17-1026, reversing Garza v. State, 405 P.3d 576 (Idaho 2017),   Scotusblog page (includes links to briefs and commentary) This case involved two plea agreements that included clauses stating that Garza waived his right to appeal. After sentencing, Garza told his lawyer that he wanted to appeal, but his lawyer refused […]
Source: WI Public Defenders – On Point
SCOTUS: lawyer who ignores client’s request for appeal from guilty plea is ineffective

Categories
2. Prejudice 24. Jury 45. WI Court of Appeals 8. Counsel, 6th Am. b. Prejudice not found C. Unpublished Opinions D. Ineffective Assistance I. Questions by jurors

No IAC prejudice for not telling jury ID of mysterious “Victoria”

State v. John P. Bougneit, 2018AP74, 10/24/18, District 2 (one-judge decision; ineligible for publication); case activity (including briefs) A jury convicted Bougneit of fourth-degree sexual assault; he allegedly nonconsensually fondled an 18-year-old woman under a blanket while he, the woman, and his wife were watching a movie together at their house. The wife testified for […]
Source: WI Public Defenders – On Point
No IAC prejudice for not telling jury ID of mysterious “Victoria”

Categories
1. Deficient performance 13. Due Process 15. Evidence 2. Prejudice 4. Character, 904.04 45. WI Court of Appeals 5. IAC and interests of justice 8. Counsel, 6th Am. b. Not found b. Prejudice not found C. Unpublished Opinions D. Ineffective Assistance D. Relevance, Ch. 904 Important Posts

Video seems to show white robber in state’s other-acts evidence; COA, over dissent, upholds conviction of black defendant

State v. Darrin L. Malone, 2017AP680-CR, 9/26/18, District 2 (not recommended for publication); case activity (including briefs) The disputed image is below. It’s of a similar robbery three days before the robbery for which Malone was convicted of felony murder (the other robber in that latter robbery–who testified against Malone–admitting shooting and killing the gas […]
Source: WI Public Defenders – On Point
Video seems to show white robber in state’s other-acts evidence; COA, over dissent, upholds conviction of black defendant

Categories
1. Deficient performance 2. Prejudice 24. Jury 45. WI Court of Appeals 5. IAC and interests of justice 8. Counsel, 6th Am. b. Not found b. Prejudice not found C. Unpublished Opinions D. Ineffective Assistance F. Instructions

Counsel not ineffective in handling of lesser-includeds, theory of defense in homicide trial

State v. Keith J. Brooks, 2017AP1723-CR, 9/25/18, District 1 (not recommended for publication); case activity (including briefs) Brooks was tried for first-degree intentional homicide. The jury acquitted him of that but convicted of the lesser-included first-degree reckless. He argues his trial lawyers were ineffective because they pursued a strategy that would have let the jury […]
Source: WI Public Defenders – On Point
Counsel not ineffective in handling of lesser-includeds, theory of defense in homicide trial

Categories
1. Best interests of the child 2. Prejudice b. Prejudice not found C. Unpublished Opinions D. Ineffective Assistance E. Fact-finding, Sec. 48.424 L. Closing arguments VIII. Counsel, 6th Am. XL. Trial Procedures XLVI. WI Court of Appeals XXXIX. TPRs

GAL’s closing argument at TPR trial wasn’t prejudicial

State v. T.W., 2018AP967 & 2018AP968, District 1, 8/21/18 (one-judge decision; ineligible for publication); case activity At the trial on the petition to terminate T.W.’s parental rights, the GAL argued in closing that the jury should consider the interests of the children. T.W.’s lawyer didn’t object, but the court of appeals holds that failure wasn’t […]
Source: WI Public Defenders – On Point
GAL’s closing argument at TPR trial wasn’t prejudicial