State v. Sidney Clark, 2010AP790, District 1, 2/23/11 court of appeals decision (not recommended for publication); for Clark: John A. Pray; case activity Clark can’t show prejudice from the deficient performance he alleges, therefore he isn’t entitled to a Machner hearing on ineffective assistance of counsel. ¶21 A postconviction hearing is necessary to sustain a claim of… Read more
b. Prejudice not found
State v. Demetrius M. Boyd, 2011 WI App 25; for Boyd: Rebecca Robin Lawnicki; case activity; Boyd BiC; State Resp.; Reply Request for New Counsel An indigent defendant doesn’t have the right to counsel of choice, but does have the right to counsel with whom he or she can communicate effectively. When an indigent defendant… Read more
Harrington v. Richter, USSC No. 09-587, 1/19/11, reversing grant of habeas relief, in 578 F. 3d 944 The 9th Circuit failed to give sufficient deference to the state court’s determination that Richter received adequate representation, requiring reversal of it grant of AEDPA-2254 habeas relief. The principal thrust of the opinion relates to the standard of review, both… Read more
State v. Charles R. Black, 2009AP2036-CR, District 4, 1/13/10 court of appeals decision (3-judge, not recommended for publication); for Black: Devon M. Lee, SPD, Madison Appellate; case activity; Black BiC; State Resp.; Reply Expert Opinion – “Jensen” Testimony – Failure to Object An expert may testify that a complainant’s behavior is consistent with a sexual… Read more
State v. Dekoria Marks, 2010 WI App 172 (recommended for publication); for Marks: Joel A. Mogren; Marks BiC; State Resp.; Reply Ineffective Assistance – Inconsistent Defenses Counsel’s choice to pursue potentially inconsistent defenses (self-defense; no involvement) was, in light of the “not uncommon practice of lawyers to argue inconsistent theories,” within the wide range of… Read more
John M. Stephenson v. Levenhagen, 7th Cir No. 09-2924, 08/26/2010 7th Cir decision; petition for rehearing denied 1/14/11, 3 dissents from denial of en banc review Habeas – Effective Assistance – Stun Belt Counsel’s failure to object to placement of stun belt on Stephenson during trial was held by the state court to be deficient: accepting… Read more
State v. Jacquese Franklin Harrell, 2010 WI App 132; for Harrell: Michael S. Holzman; BiC; Resp.; Reply Terry Frisk – House The police had both reasonable suspicion that Harrell had committed a violent crime, and consent to be in his house to question him. Therefore, police inspection of a chair for possible weapons before allowing… Read more
Freddie L. Byers, Jr., v. Basinger, 7th Cir No. 09-1833, 7/9/10 7th Circuit decision Habeas – Exhaustion To exhaust a federal claim, a 2254 petitioner must have “fairly presented” it to the state court. … We use four factors to evaluate whether a petitioner has “fairly presented” his claim: “1) whether the petitioner relied on… Read more
