On Point blog, page 31 of 31
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 Ruven Seibert v. Macht, 2001 WI 67, 244 Wis. 2d 378, 627 N.W.2d 881, reconsideration denied2002 WI 12, reversing unpublished court of appeals order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.