Follow Us

Facebooktwitterrss
≡ Menu

c. Counsel

Larry H. Dunn v. Cathy Jess, 7th Circuit Court of Appeals No. 20-1168 (Nov. 24, 2020) Dunn was charged with felony murder and other offenses based on the fact he had struck the victim, who was later found dead from a head injury. In a rare case that clears the high hurdles of both AEDPA… Read more

{ 0 comments }

Michael Gilbreath v. Dan Winkleski, Case No. 19-cv-728-jdp (W.D. Wis. Aug. 4, 2020) Witness credibility was the key issue at Gilbreath’s trial, and his counsel’s failure to present evidence that would have undermined [the complaining witness’s] credibility and bolstered Gilbreath’s defense deprived Gilbreath of a fair trial. The Wisconsin Court of Appeals unreasonably concluded that… Read more

{ 0 comments }

Terez Cook v. Brian Foster, Warden, 7th Circuit Court of Appeals No. 18-2214, 1/29/2020 Pursuing a federal writ of habeas corpus is always a long shot; in non-capital cases fewer than 1% of petitions are successful. Terez Cook gets it done here, convincing the Seventh Circuit his lawyer was ineffective at his trial for a… Read more

{ 0 comments }

Scott Schmidt v. Brian Foster, 7th Circuit Court of Appeals No. 17-1727, 5/29/18, reversing Schmidt v. Pollard, No. 13-CV-1150 (E.D. Wis. Mar. 20, 2017); reversed en banc 12/20/18 A criminal defendant is entitled to counsel at all “critical stages” of the case. You probably think that a hearing, before a murder trial, that determines whether… Read more

{ 0 comments }

Question presented: Whether the rule established in Martinez v. Ryan, 132 S. Ct. 1309 (2012), and Trevino v. Thaler, 133 S. Ct. 1911 (2013), that ineffective state habeas counsel can be seen as cause to overcome the procedural default of a substantial ineffective assistance of trial counsel claim, also applies to procedurally defaulted, but substantial, ineffective… Read more

{ 0 comments }

William Hinesley, III, v. Wendy Knight, 7th Circuit Court of Appeals No. 15-2122, 2016 WL 4758437, 9/13/16 Hinesley’s trial lawyer didn’t object to the state’s presentation of the inculpatory out-of-court statements of the two principal witnesses against him because he wanted all of the witnesses’ statements admitted to show how they had changed their stories and… Read more

{ 0 comments }

Roy L. Ward v. Ron Neal, 7th Circuit Court of Appeals No. 16-1001, 8/26/16 Ward’s trial lawyers weren’t ineffective when they failed to adequately investigate and present readily available mitigating evidence and then, due to lack of preparation, instead presented evidence Ward was a dangerous psychopath. Ward was facing the death penalty for a brutal sexual… Read more

{ 0 comments }

Joseph J. Jordan v. Randall R. Hepp, 7th Circuit Court of Appeals No. 14-3613, 2016 WL 4119862, 8/3/16 Jordan claims the Wisconsin courts unreasonably applied clearly established federal law when they held that he was not denied the right to represent himself and that his trial lawyer was not ineffective for failing to object to… Read more

{ 0 comments }