Ineffective Assistance of Counsel

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7^th Circuit Court of Appeals

Case Name: Terez Cook v. Brian Foster, Warden,

Case No.: 18-2214

Officials: WOOD, Chief Judge, and BARRETT and SCUDDER, Circuit Judges.

Focus: Ineffective Assistance of Counsel

Federal courts do not lightly grant petitions for a writ of habeas corpus brought by state prisoners. As the Supreme Court put it in Harrington v. Richter, 562 U.S. 86 (2011), if the “standard [for relief] is difficult to meet, that is because it was meant to be.” Id. at 102. Nonetheless, “difficult” does not mean “impossible,” as the Court reaffirmed in Richter: “The writ of habeas corpus stands as a safeguard against imprisonment of those held in violation of the law.” Id. at 91. Our task in the present case is to decide whether petitioner Terez Cook demonstrated that Wisconsin’s court of appeals unreasonably assessed his contention that he did not receive the effective assistance of counsel guaranteed by the Sixth Amendment. See Strickland v. Washington, 466 U.S. 668 (1984). The district court thought that Cook’s showing fell short, but we conclude that he is entitled to relief. We therefore reverse.

Reversed

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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.