Criminal Procedure Ineffective assistance of counsel It was not ineffective assistance of counsel for an attorney representing a defendant charged with attempted first-degree intentional homicide, not to object to the submission to the jury of recklessly endangering safety while armed as a lesser included offense. “The recklessly endangering safety instruction stated that the offense has ‘three elements’: 1. ... Subscribe ...

Habeas Corpus Ineffective assistance of counsel Where a defendant’s attorney had no strategic reason for not interviewing potential witnesses, his representation was deficient. “In this case, a review of the record shows that the petitioner’s trial counsel told the petitioner that he was not going to call Angeal Toliver to testify because ‘they wouldn’t believe her because she ... Subscribe ...

Habeas Corpus Ineffective assistance of counsel Under 28 U. S. C. 2254(d), federal habeas relief may not be granted with respect to any claim a state court has adjudicated on the merits unless, among other exceptions, the state-court decision denying relief involves "an unreasonable application" of "clearly established Federal law, as determined by" this Court. The relevant ... Subscribe Login ...

This article is a follow-up to "Continuing Confidentiality in Ineffective Assistance of Counsel Claims," published in the Oct. 19, 2010 edition of the Wisconsin Law Journal.

Direct appeals in Wisconsin are often premised on Ineffective Assistance of Counsel ("IAC") claims. Such claims can be unpleasant for trial attorneys, who feel they have fought hard for their clients under difficult circumstances and often for very little pay. IAC claims are also unpleasant for post-conviction counsel, who take no pleasure in having to criticize their colleagues.