On Point blog, page 8 of 8
Counsel – Ineffective Assistance – Deficient Performance – Failure to Challenge Hypnotically Refreshed Testimony
State v. Evan Zimmerman, 2003 WI App 196, (AG) PFR filed 9/10/03
For Zimmerman: Keith A. Findley, UW Law School
Issue/Holding: Counsel’s failure to challenge a witness’s hypnotically refreshed testimony, as violating the guidelines of State v. Armstrong, 110 Wis. 2d 555, 329 N.W.2d 386 (1983), was deficient:
¶45. To begin, we are not persuaded by counsel’s explanation of his trial strategy.
SVP Commitments: Counsel – Effective Assistance, Appeal
State ex rel. Ruven Seibert v. Macht, 2001 WI 67, 244 Wis. 2d 378, 627 N.W.2d 881, reconsideration denied2002 WI 12, reversing unpublished court of appeals order
For Seibert: Gregory P. Seibold; amicus brief: Howard B. Eisenberg, Dean, Marquette Law School
Issue/Holding:
¶1. This case presents two issues. The first issue is whether an indigent sexually violent person, as defined by Wis.
Counsel – Ineffective Assistance – Deficient Performance – Failure to Investigate
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 Mr. Engle’s decsion reasonable — or even really strategic.”)
- Failure to investigate potential defense witnesses.