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COA rejects IAC claims based on the failure to seek suppression of an in-court identification
State v. Alberto E. Rivera, 2021AP1100, 7/12/22, District 1, (not recommended for publication); case activity, (including briefs)
The court of appeals rejects Rivera’s claims for ineffective assistance of postconviction counsel for failing to raise two claims of ineffective assistance of trial counsel. Rivera challenged trial counsel’s counsel’s failure to seek suppression of an in-court identification because (a) it was tainted by an earlier suggestive “showup” procedure, and (b) his right to counsel was violated during the line-up because his retained counsel was not present for it.
Divided Seventh Circuit Panel Rejects Habeas IAC Sentencing Claim
Michael Miller v. Dushan Zatecky, 7th Circuit Court of Appeals No. 15-1869, 4/26/2016
An Indiana state court sentenced Michael Miller to a total of 120 years in prison on three counts of child molestation. On direct appeal, his lawyer raised challenges to the sufficiency of the evidence and the admission of other-acts evidence, but did not contest the length of his sentence. Miller then filed a state collateral attack, alleging his original appellate counsel was ineffective for not attacking the sentence.
Challenge to postconviction counsel’s representation fails
State v. Larry D. Wright, 2014AP2672, District 1, 11/24/15 (not recommended for publication); case activity (including State’s brief)
The court of appeals rebuffs Wright’s claim that postconviction counsel was ineffective for not raising a claim of ineffective assistance of trial counsel on direct appeal. The court also rejects Wright’s claim that the trial court engaged in improper ex parte communication with the jury during deliberations.
SCOW toughens standards for 974.06 postconviction motions and 971.08(2) plea withdrawal motions
State v. Andres Romero-Georgana, 2014 WI 83, 7/23/14, affirming an unpublished court of appeals opinion; majority opinion by Justice Prosser, dissenting opinion by Justice Bradley; case activity
Oliver Wendell Holmes said “hard cases make bad law.” This decision proves that simple cases can too. If you thought winning a §974.06 postconviction motion or a § 971.08(2) motion for plea withdrawal due to the trial court’s failure to give deportation warnings was tough before, wait until you read this decision.
Guest Post: Rob Henak on 974.06 and SCOW’s new standard for ineffective assistance of appellate counsel
State v. Tramell Starks, 2013 WI 69, affirming an unpublished court of appeals decision, case activity. Majority opinion by Justice Gableman, with a dissent by Justice Bradley and joined by Chief Justice Abrahamson and Justice Crooks
On Point is pleased to present this guest post by Attorney Rob Henak, an expert on Wis. Stat. § 974.06 postconviction motions and ineffective assistance of appellate counsel.