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 performance, Sussman cannot show prejudice.’ ...

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.

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.

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 that this evidence is probative ...