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09-3940 Sussman v. Jenkins
Habeas Corpus Ineffective assistance The State of Wisconsin’s motion to stay the mandate is denied. “Harrington addresses the situation in which a state-court decision ‘is unaccompanied by an explanation.’ Here, the state appellate court issued an opinion and wrote: ‘We do not address whether counsel’s performance was deficient because we conclude that, even assuming deficient [&hellip[...]
Ruling puts trial courts in tough spot
An April 1 opinion from the 7th Circuit creates a conundrum for state courts when criminal defense attorneys fail to follow the rules for submitting evidence the alleged victim in a sexual assault case has made false allegations before.
Appellate puts trial courts in tough spot
An April 1 opinion from the 7th Circuit creates a conundrum for state courts when criminal defense attorneys fail to follow the rules for submitting evidence the alleged victim in a sexual assault case has made false allegations before.
09-3940 Sussman v. Jenkins
United States Court of Appeals CRIMINAL OPINION Habeas Corpus Confrontation Clause; ineffective assistance It was unreasonable for the state courts to conclude that a defendant charged with sexual assault of a child was not prejudiced by his attorney’s failure to introduce evidence that the complainant had previously made false accusations of sexual assault. “We agree […]
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