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Counsel – Ineffective Assistance – Deficient Performance: Adequate Investigation – Failure to Pursue NGI Defense

State v. Juan F. Milanes, 2006 WI App 259, PFR filed 12/7/06
For Milanes: Joan M. Boyd

Issue/Holding: Failure to pursue an NGI defense wasn’t deficient:

¶19      … The evidence in support of Milanes’ claim is remarkably weak; the strongest piece of evidence is the report of his psychiatric expert, which contains a conclusory statement that Milanes meets the statutory requirements. We will not discuss this issue in detail, but only note that Milanes’ argument on it fails for the same reason that his argument about the allegedly coerced confession did:  the trial counsel was objectively reasonable in concluding that such a defense was highly unlikely to succeed, and Milanes would be better off pleading no contest.

 

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