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Counsel – Ineffective Assistance – Deficient Performance: Failure to Investigate Confession to Crime by Defendant’s Brother

State v. Joseph J. Guerard, 2004 WI 85, reversing unpublished decision of court of appeals
For Guerard: Joseph L. Sommers

Issue/Holding: Failure to interview or subpoena an investigator to whom the defendant’s brother had confessed was deficient performance; the basis for this failure, that counsel “thought the confessions were hearsay and that York’s reports were the work product of the State Public Defender’s office, and because Daniel had not signed any statement,” was objectively unreasonable, ¶45.


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