Jae Lee v. United States, USSC No. 16-327, 2017 WL 2694701 (June 23, 2017), reversing Lee v. United States, 825 F.3d 311 (6th Cir. 2016); Scotusblog page (including links to briefs and commentary) Lee’s lawyer told him he would not be deported if he pleaded guilty to a drug charge. His lawyer was wrong, so he performed deficiently… Read more
a. Prejudice found
State v. Lamont Donnell Sholar, 2016AP987, 6/20/17, District 1 (not recommended for publication), petition for review granted 10/17/17, affirmed, 2018 WI 53; case activity (including briefs) Sholar was charged with 5 counts of sex trafficking and 1 count of sexual assault. At trial, defense counsel allowed “Exhibit 79”–a 181-page report containing the contents of Sholar’s cell… Read more
Former ASPD John Breffeilh just brought a real gem to On Point’s attention. It’s an indexed compilation of hundreds (maybe thousands) of successful ineffective assistance of counsel cases from around the nation. The database runs from 1984 when SCOTUS decided Strickland through the present. It includes Wisconsin cases and covers everything from criminal cases, to sexual predator cases, to… Read more
State v. George D. Taylor, 2015AP1325-CR, 4/27/17, District 1/4 (not recommended for publication); case activity (including briefs) Taylor raises a host of challenges to his felony murder conviction. The court of appeals rejects all of them except one: an ineffective assistance of counsel claim, which the court orders must be assessed at a Machner hearing. Taylor… Read more
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
State v. Rafael D. Honig, 2016 WI App 10; case activity (including briefs) Honig, convicted at trial of two first-degree child sexual assaults, asserts that his trial counsel mishandled three issues bearing on the credibility of his accusers; the court of appeals agrees. Honig was accused of having intercourse and sexual contact with his two granddaughters, aged three… Read more
Oscar C. Thomas v. Marc Clements, 7th Circuit Court of Appeals No. 14-2539, 6/16/15, petition for rehearing en banc denied, 8/7/15 Thomas is entitled to a new trial for the intentional homicide of Joyce Oliver-Thomas, his ex-wife, because his trial lawyer was ineffective for failing to ask a pathology expert to review the conclusions of the state’s forensic pathologist—conclusions… Read more
State v. James Richard Coleman, 2015 WI App 38; case activity (including briefs) Coleman’s trial lawyer was ineffective for telling the jury Coleman would testify when Coleman had never said he intended to testify; for telling the jury that Coleman had a prior criminal conviction; and for failing to impeach the victim’s allegations by eliciting… Read more
