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Police misconduct not grounds for new trial
Despite evidence that the police withheld exculpatory evidence and witnesses were not truthful at trial, a state prisoner convicted in 1994 of sexual assault and attempted homicide will not get a new trial.
Striking jurors based on gender is ineffective assistance
If a criminal defense attorney uses his peremptory challenges to exclude potential jurors because of race or gender, he violates the Equal Protection Clause, the Rules of Professional Responsibility and provides ineffective assistance of counsel.
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[...]
10-3318 Lavin v. Rednour
Habeas corpus Appointed counsel When an attorney believes that a claim not certified for appeal is arguable, counsel should move the court to expand the certificate to include the claim. “Counsel has no obligation to argue claims that are not certified for appeal. At least one court, if not two (as when this court has […]
Ineffective assistance claim denied
In two decisions this year, the U.S. Supreme Court made it tougher for state prisoners to obtain habeas corpus relief in federal court.
FORUM: Proposal to limit federal habeas corpus review of criminal convictions is wrong-headed and dangerous
In an editorial in the Sunday New York Times, April 17, 2011, entitled "Justice, Too Much and Too Expensive," two law professors from Indiana and Vanderbilt University present a radical proposal that federal court review of state court convictions under the writ of habeas corpus should be even more strictly limited than it currently is -- to just death penalty cases and cases in which the prisoner[...]
09-3851 Price v. Thurmer
Habeas Corpus Ineffective assistance It was not unreasonable for Wisconsin courts to conclude that an expert witness would not have given different testimony if presented with all the facts. “We cannot say that it was ‘unreasonable’ for the Wisconsin court to infer from the evidence presented to it that Drom would not have changed his […]
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 […]
09-3577 Jones v. Basinger
United States Court of Appeals CRIMINAL OPINIONS Habeas Corpus Confrontation Clause Where a state court judge admitted double hearsay against a defendant as substantive evidence to prove the defendants’ guilt, his federal habeas corpus petition should have been granted. “To think that any amount of instruction would enable a jury to disregard the damning substance […]
Plea bargaining advice deficient
In January, the U.S. Supreme Court accepted review of a case to decide whether a state prisoner can obtain habeas corpus relief in federal court, after he went to trial because his attorney gave him deficient advice during plea bargaining. In the meantime, the 7th Circuit is assuming the answer is “yes.” On Monday, it […]
09-1032 Kerr v. Thurmer
CRIMINAL OPINIONS Habeas Corpus Ineffective assistance; plea bargaining Where a state prisoner claims he would have accepted a plea agreement if his attorney had correctly conveyed it to him, and no evidentiary hearing was held, the district court should have held a hearing on the prisoner’s ineffective assistance claim. “When a petitioner fails to develop […]
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WLJ People
- Evers appoints McElroy as Price County district attorney
- Evers appoints Ann Peacock to Dane County Circuit Court
- Michael Best appoints Sarah Alt to new role as chief process and AI officer
- Attorney Peter Baziano joins Murphy Desmond in its Business and Real Estate practice groups
- GRGB partner Karnes honored at Run for Justice
- DeWitt’s Miotke reappointed to SPD’s Board
- Hupy and Abraham wins award for ‘Behind the Handlebars’ video series
- Evers appoints trio to Milwaukee County Circuit Court
- Kubiak joins Amundsen Davis’ Business Litigation Service Group
- GRGB partners Jason Luczak, Nicole Masnica honored with Wisconsin Association of Criminal Defense Lawyers award
- Teuta Jonuzi, Joshua Hargrove promoted to equity partners at Tracey Wood & Associates
- Reinhart’s Taggatz joins International Association of Defense Counsel
