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Ineffective Assistance of Counsel

By: Derek Hawkins//November 17, 2021//

Ineffective Assistance of Counsel

By: Derek Hawkins//November 17, 2021//

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7th Circuit Court of Appeals

Case Name: David Minnick v. Dan Winkleski, Warden,

Case No.: 20-3253

Officials: FLAUM, HAMILTON, and BRENNAN, Circuit Judges.

Focus: Ineffective Assistance of Counsel

David Minnick pleaded no contest in Wisconsin state court to several crimes that resulted from a violent confrontation involving his then‐wife. He received sentences totaling 27 years of initial confinement. Since then, Minnick has brought a series of unsuccessful challenges to his convictions in state and federal courts.

The district court denied Minnick’s request for federal habeas relief under 28 U.S.C. § 2254. That court decided that Minnick’s trial counsel was not ineffective for advising him that a term of not more than ten years of initial confinement was likely. The court also ruled that Minnick did not show that any reasonable trial counsel would have advised him of the possibility of withdrawing his no contest pleas before sentencing. So not offering that argument did not deny Minnick the right to effective postconviction counsel.

Although Minnick’s claims could have been analyzed differently—including whether the state court’s decision on his trial counsel’s sentencing advice warranted deference under the Antiterrorism and Effective Death Penalty Act (AEDPA), 28 U.S.C. § 2254—the correct result was reached. We affirm the denial of habeas relief.

Affirmed

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Derek A Hawkins is Corporate Counsel, at Salesforce.

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