State ex rel. Richard A. Ford (II) v. Holm, 2006 WI App 176, PFR filed 9/11/06; on appeal following remand in 2004 WI App 22 (“Ford I”) For Ford: James R. Troupis For Amicus: Joseph N. Ehmann, SPD, Madison Appellate Issue/Holding: Given circuit court findings “that Ford affirmatively elected not to pursue any issue that… Read more
8. Counsel, 6th Am.
Guerrero v. Cavey, 2000 WI App 203, 238 Wis.2d 449, 617 N.W.2d 849 Issue: Whether a person adjudicated incompetent may waive her attorney’s conflict of interest. Holding: Because the client’s understanding of the attorney’s potentially divided loyalty is a necessary component of waiver of a conflict, and because no claim is made that the circuit… Read more
Guerrero v. Cavey, 2000 WI App 203, 238 Wis.2d 449, 617 N.W.2d 849 Issue: Whether an attorney’s dual representation of the subject of a guardianship and her son worked a conflict of interest. Holding: The two clients had competing interests, including the son’s desire to buy his mother’s house at below market value, and the… Read more
State v. David Kalk, 2000 WI App 62, 234 Wis. 2d 98, 608 N.W.2d 428 For Kalk: John A. Pray, UW Law School Issue: Whether the defendant satisfied his burden of showing an actual conflict of interest stemming from his prior representation by the prosecutor on an unrelated charge. Holding: Given the trial court’s findings… Read more
State v. David S. Leighton, 2000 WI App 156, 237 Wis.2d 709, 616 N.W.2d 126 For Leighton: Daniel Snyder Issue: Whether defendant’s first counsel was ineffective for failing to file formal discovery demand and investigate various matters. Holding: Because counsel withdrew before the prelim, and because there is no right to discovery before prelim, counsel… Read more
State v. Theodore Oswald, 2000 WI App. 2, 232 Wis.2d 62, 606 N.W.2d 207 For Oswald: Jerome F. Buting, Kathleen B. Stilling Issue: Whether counsel was ineffective for rejecting an NGI defense, where two defense experts rejected the defense but after trial one acknowledged that he misunderstood the correct test and that his opinion was… Read more
Vonaire T. Washington v. Smith, 219 F.3d 620 (7th Cir. 2000) For Washington: Robert R. Henak Issue/Holding: Trial consel’s performance was deficient in three respects: Last-minute issuance of subpoena for hard-to-find witness, on theory that trials are often adjourned at last minute anyway. (“(P)lacing witness convenience above the vital interests of his client does not make… Read more
Juneau County DHS v. James B., 2000 WI App 86, 234 Wis. 2d 406, 610 N.W.2d 144 For Appellant; James L. Boardman; Chris R. Velnetske Issue: Whether judicial appointment of counsel in a CHIPS case necessarily terminates after disposition, or may be continued for appeal. Holding: Judicial appointment of counsel in a CHIPS case doesn’t… Read more
