On Point blog, page 4 of 8
Trial counsel held ineffective; DA chastised for taking advantage of deficient performance
State v. Charles C.S., Jr., 2014AP1045, 2/11/15, District 2 (not recommended for publication); click here for docket
Ouch! This is the rare case where the court of appeals found both the deficient performance and the prejudice required for an “ineffective assistance of trial counsel” claim. Such decisions can be hard on the defense attorney, but in this case the DA took a beating.
Evidence showed dad failed to assume parental responsibility; trial counsel performed effectively
Manitowoc County Human Services Dep’t v. Ralph B., 2014AP140, District 2, 7/30/14 (not recommended for publication); case activity
The court of appeals affirmed the circuit court’s decision to terminate Ralph B.’s parental rights because Manitowoc County met its burden of proving a failure to assume parental responsibility and because trial counsel had sound strategic reasons for not pursuing various lines of defense during the grounds phase of Ralph’s trial.
SCOW deems trial counsel ineffective for failing to call eyewitness with credibilty problems; orders new trial
State v. Jimothy A. Jenkins, 2014 WI 59, 7/11/14, review of an per curiam court of appeals decision; majority opinion by C.J. Abrahamson; case activity
This is a very nice victory for the defense. It clarifies the “prejudice” showing required for a claim of ineffective assistance of trial counsel. And it assures lower courts that, where trial counsel fails to call an eyewitness whose credibility can be challenged, it is still quite possible to show the prejudice required for a new trial. After all, witness credibility is for the jury to decide.
Court of appeals affirms order for new trial based on ineffective assistance of trial counsel
State v. Donald Ray Michael, 2012AP2738-CR, District 1, 6/10/14 (not recommended for publication); case activity
Michael is entitled to a new trial on reckless injury and felon in possession of a firearm charges because trial counsel provided ineffective assistance at trial by failing to introduce evidence from the police department’s computer automated dispatch (CAD) report and failing to present testimony from an eyewitness to the incident.
SCOTUS: Trial lawyer’s failure to seek funds to hire better expert, based on mistaken belief about funding cap, amounts to deficient performance
Anthony Ray Hinton v. Alabama, USSC 13-6440, 2/24/14 (per curiam), vacating Hinton v. State, __So. 3d__, 2013WL 598122 (2/15/13).
Docket here.
Trial lawyers, listen up. Check your expert witness funding cap before settling for an “expert” you know is sub par.
In 1985, managers of 3 different restaurants were robbed and shot—each with two .38 caliber bullets. The first two managers died.
Trial counsel’s failure to raise viable defense means defendant gets new trial
State v. Fontaine Washington, 2011AP2462-CR, District 1, 1/17/14; court of appeals decision (not recommended for publication); case activity
Washington fled from officers trying to stop the car he was driving. (¶2). Before Washington was finally stopped and arrested, the officers in pursuit saw him throw something “shiny” out the car window; a search of the area where the object was thrown turned up a gun about 30 feet off the roadway.
State v. William Bokenyi, 2012AP2557-CR, petition for review granted
Review of an unpublished, per curiam court of appeals decision; case activity; State’s petition for review
Issues (from the State’s petition):
Court of appeals reverses conviction for hit and run involving death due to trial counsel’s ineffective assistance
State v. Marker Alan Sperber, 2013AP358-CR, District 3, 10/15/13 (not recommended for publication); case activity
This appeal turns on Wis JI-Criminal 2670, which explains the 5 elements of the crime the Sperber was charged with–a hit and run causing death to the victim. The 2nd element requires that the defendant know that his vehicle was involved in an accident involving a person. The problem here was that Sperber was driving in the dark on wet roads flanked by blackened snowbanks.
Habeas corpus provides remedy where parent’s lawyer failed to file timely appeal in TPR case
Amy W. v. David G., 2013 WI App 83; case activity
David G.’s parental rights were terminated in a proceeding commenced by the child’s mother. He filed a timely notice of intent to pursue postdisposition relief, but his appointed appellate counsel failed to file a notice of appeal before the deadline. (¶3). That deadline cannot be extended because the legislature has decreed that the time for filing an appeal in a TPR case may not be enlarged when the petition was filed by someone other than “a representative of the public.”
Probation search declared unreasonable; forfeiting issue could be ineffective assistance of counsel
State v. Jeremiah J. Purtell, 2012AP1307-CR, District 2, 3/7/13 (not recommended for publication); petition for review granted 11/20/13. Case activity.
This case concerns a probation agent’s search of the defendant’s computers. Following a conviction for 2 counts of animal cruelty, a court placed the defendant on probation and imposed a condition that he not own or possess a computer.