Ineffective Assistance of Counsel

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7^th Circuit Court of Appeals

Case Name: Jeremiah Felton v. Bryan Bartow

Case No.: 18-1954

Officials: RIPPLE, MANION, and BRENNAN, Circuit Judges.

Focus: Ineffective Assistance of Counsel

A jury convicted Jeremiah Felton of first degree intentional homicide in Wisconsin state court for the death of his three‐month‐old son, Jeremiah Felton Jr. (J.J.). The jury heard testimony about the days leading up to J.J.’s death, such as those who cared for and had contact with him, including Felton. The jury also heard about Felton’s conversations with police, whom he told that J.J. had slipped and hit his head in the bathtub, and with fellow jail inmate, Douglas House, who testified that Felton said he had swung J.J. into a bathroom door. J.J.’s treating physicians and the medical examiner also testified about J.J.’s injuries and cause of death, which two of the physicians stated, in part, was due to shaking. The medical examiner concluded that blunt force trauma was the cause of death. The jury found Felton guilty.

Felton sought post‐conviction relief in the Wisconsin state court based on ineffective assistance of counsel. In particular, Felton cited his attorney’s failure to object to the prosecutor’s statement during closing argument that House could not receive a sentence modification for his testimony in Felton’s trial and failure to secure medical expert testimony to rebut the State’s witnesses. At the post‐conviction hearing, Felton’s counsel testified as well as three medical experts who concluded J.J. had not been shaken and J.J.’s injuries were consistent with a fall of two to four feet. The state trial court denied Felton’s petition, and the Wisconsin Court of Appeals affirmed the denial. The Wisconsin Supreme Court summarily denied Felton’s petition for review. Felton sought a writ of habeas corpus under 28 U.S.C. § 2254 in the district court. The district court denied Felton’s petition, and Felton now appeals to this court. Because the decision of the Wisconsin Court of Appeals was not unreasonable, Felton’s petition is denied.

Petition Denied

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Derek A Hawkins is trademark corporate counsel for Harley-Davidson. Hawkins oversees the prosecution and maintenance of the Harley-Davidson’s international trademark portfolio in emerging markets.