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14. Ineffective assistance of counsel

State v. Theophilous Ruffin, 2022 WI 34, reversing an unpublished court of appeals decision; case activity (including briefs) This case doesn’t break new ground or develop existing law. Instead, it reverses the court of appeals for not applying the standard a circuit applies when deciding whether to hold an evidentiary hearing on a postconviction motion… Read more

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State v. Lamont Donnell Sholar, 2018 WI 53, 5/18/18, affirming an unpublished court of appeals opinion, 2016AP897-CR, case activity Appellate lawyers will want to pay attention to this decision because it clarifies the law and procedure governing claims for ineffective assistance of trial counsel. In particular, resolving an issue of first impression, it holds that… Read more

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State v. Lamont Donnell Sholar, 2016AP987, petition for review granted 10/17/17; case activity (including briefs) Issues (composed by On Point) 1. When assessing the prejudice of defense counsel’s deficient performance in a multiple-count jury trial, may a court divide the prejudice analysis on a count-by-count basis, finding prejudice warranting relief on some counts from the… Read more

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State v. Anthony R. Pico, 2015AP1799-CR, petition for review granted 10/10/17; case activity (including briefs) Issues (composed by On Point): 1. Did the Court of Appeals apply the proper standard of review to the trial court’s findings of fact regarding trial counsel’s conduct and strategy? 2. Did trial counsel perform deficiently by failing to investigate Pico’s serious… Read more

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Winnebago County v. J.M., 2016AP619, 5/15/17, granting a petition for review of  an unpublished court of appeals decision; case activity  Issues: Whether the subject of a §51.20(1)(a) extension of involuntary commitment and medication order has a claim for ineffective assistance of trial counsel where his lawyer fails to object to, prevent the admission of, or request… Read more

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Review of an unpublished court of appeals decision; case activity (including briefs) Issues (composed by On Point) Was trial counsel ineffective for failing to move to dismiss on First Amendment free speech grounds a disorderly charge that was based on Breitzman’s use of foul language toward her son inside their home? Did the court of appeals… Read more

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State v. Jimothy A. Jenkins, 2014 WI 59, 7/11/14, review of an per curiam court of appeals decision; majority opinion by C.J. Abrahamson; case activity This is a very nice victory for the defense.  It clarifies the “prejudice” showing required for a claim of ineffective assistance of trial counsel.  And it assures lower courts that… Read more

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Review of unpublished per curiam court of appeals decision; case activity Issue (composed by On Point) In deciding whether trial counsel was ineffective for failing to call a witness, did the postconviction court err by deciding trial counsel’s failure to present the witness was not prejudicial because the witness was not credible? Unlike electronically filed briefs… Read more

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