On Point blog, page 20 of 20
Counsel – Ineffective Assistance – Deficient Performance – failure to investigate, based on defendant’s version
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 couldn’t have been deficient for failing to file a demand, ¶37; because defendant failed to show what information counsel might have uncovered,
Counsel – Ineffective Assistance – Deficient Performance – Failure to Investigate Expert – Non-Pursuit of NGI Defense After Rejection by Expert Who Misunderstood Correct Test
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 now different.
Holding: “Competent representation does not demand that counsel seek repetitive examinations of the defendant until an expert is found who will offer a supportive opinion.”
Counsel – Ineffective Assistance – Deficient Performance – Examination of Witness – Eliciting Unanticipated Answer
State v. Liliana Petrovic, 224 Wis.2d 477, 592 N.W.2d 238 (Ct. App. 1999)
For Petrovic: Robert B. Rondini
Issue/Holding: Counsel’s cross of a detective elicited testimony that Petrovic refused to answer questions about her drug involvement during custodial examination. The court rejects her argument that counsel’s examination was deficient. Counsel “reasonably believed,” based on pretrial hearings that she had answered such questions (with denials). Counsel’s “unwittingly” eliciting testimony about her assertion of rights wasn’t unreasonable.