On Point: 8. Counsel, 6th Am.

State v. Ouati K. Ali, 2011AP2169, District 4, 11/1/12

court of appeals decision (not recommended for publication); case activity

Postconviction Proceedings – Right to Counsel 

A defendant has no constitutional right to counsel outside the direct appeal period, therefore Ali’s argument that failure to appoint counsel counsel to pursue DNA testing deprived him of due process is a non-starter.

¶12      Ali does not claim that the public defender erroneously exercised its discretion in declining to appoint him counsel for the purpose of pursuing his motion for postconviction DNA testing.  

seventh circuit decision (html) (90-page pdf download: here), granting habeas relief in 904 N.E.2d 1077 (Ill. App. 2009)

A significant decision in several respects – not least, attorney performance – that a summary post cannot hope to capture, save broad highlights. Executive summary: Harris was convicted of killing her 4-year-old son Jaquari, against a defense of accidental death (self-strangulation with an elastic band). The defense had potential,

State v. Ronald W. Lichty, 2012 WI App 129(recommended for publication); case activity

Lichty pleaded no contest pursuant to plea bargain which allowed, due to a good-faith mistake, the State to recommend a period of extended supervision that exceeded the permissible maximum by one year. The error was discerned prior to sentencing, where the State reduced its extended supervision recommendation by one year. (His plea was to two counts of the same offense,

seventh circuit decision, denying habeas relief in 641 N.E.2d 371 (Ill. 1994) and 521 N.E.2d 38 (1988)

Habeas Review – 6th Amendment Attachment of Counsel – State Court Findings

The Seventh Circuit rejects, on habeas review of his Illinois conviciton, Thompkins’ challenge to admissibility of his statement. Thompkins made his statement after his arrest and, according to the state court, before his initial bond hearing.

Veronica K. v. Michael K., 2012AP197, District 1, 10/10/12

court of appeals decision (1-judge, ineligible for publication); case activity

Michael K., incarcerated at the time of this TPR trial, appeared by audio-video hookup. He argues that his due process right to meaningful participation, State v. Lavelle W., 2005 WI App 266, ¶2, 288 Wis. 2d 504, 708 N.W.2d 698, in light of his numerous contemporaneous complaints he couldn’t hear the proceedings. 

Godfrey & Kahn, S.C. v. Circuit Court for Milwaukee County, 2012 WI App 120(recommended for publication); case activity

A court doesn’t possess inherent authority to impose on counsel a sanction (here, monetary) for pre-litigation advice, that is, conduct occurring before the court’s jurisdiction was invoked:

¶3        We conclude that the record, particularly the trial court’s own words in its ruling, clearly shows that the trial court imposed the sanction for pre-litigation legal advice that the trial court believed Godfrey &

on review of unpublished decision; case activity

Issues (composed by on Point) 

1. Whether Burton is entitled to a Machner hearing on his postconviction motion asserting that counsel was ineffective for failing to advise that Burton could pursue a bifurcated (NGI) plea along with his guilty plea, and have a jury determine whether he was not responsible by reason of mental disease or defect.

State v. Jose O. Gonzalez-Villarreal, 2012 WI App 110 (recommended for publication); case activity

Counsel (Michael J. Knoeller) was present while the police interrogated, and elicited incriminating responses from, his client, Gonzalez-Villarreal. G-V didn’t speak English, and Knoeller doubled as interpreter. The state issued charges, and Knoeller continued to represent G-V. However, the state moved to disqualify Knoeller as counsel, arguing that his service as interpreter during the interrogation created a risk that Knoeller might have to testify.

State v. Reginald Scott Williams, 2011AP1379-CR, District 1, 9/18/12

court of appeals decision (not recommended for publication); case activity

Williams drove at an excessive speed (30+ over the limit), and crashed into another car, resulting in death and serious injuries. He pleaded no contest to one count of homicide by negligent use, § 940.10 and one count of reckless driving / GBH, § 346.62(4). At the time of the pleas,

Dunn County Human Services v. Eric R., 2011AP2416, District 3, 9/5/12

court of appeals decision (1-judge, ineligible for publication); case activity

That counsel for the parent on a termination petition had, while serving as a family court commissioner 19 months earlier, entered a child support order against the parent, did not alone establish a conflict of interest.  Supreme Court Rule 20:1.12(a) (“a lawyer shall not represent anyone in connection with a matter in which the lawyer participated personally and substantially as a judge”),