On Point: 8. Counsel, 6th Am.

decision below: unpublished; case activity

Issues (formulated by On Point):

Whether Domke was denied effective assistance of counsel by trial counsel’s: failure to object to inadmissible hearsay in the form of a social worker’s testimony reciting the complainant’s recitation of the alleged sexual assaults; producing, without first interviewing her, the complainant’s mother as a defense witness who proceeded to testify that she believed the complainant “100 percent.”

City of Shawano v. Darlene F. Sense, 2010AP2193-FT, District 3, 2/8/11

court of appeals decision (1-judge, not for publication); case activity; Memo Br.; Memo Resp.; Memo Reply

¶10      As a final matter, we address certain deficiencies in Sense’s appellate brief.  First, Sense’s repeated references to “appellant” and “respondent” throughout her brief violate WIS. STAT. RULE 809.19(1)(i), which requires reference to the parties by name,

State v. Darrell Lemont Otis, 2010AP589, District 1, 2/1/11

court of appeals decision (3-judge, not recommended for publication); for Otis: Bryan C. Lichstein; case activity; Otis BiC; State Resp.; Reply

Repeated Sexual Assault – Sufficiency of Evidence

Repeated sexual assault, § 948.025(1)(b), requires proof of 3 elements: 3 or more sexual assaults; within a specified period of time;

State v. Lee Alexander Brown, 2010AP970, District 1, 2/1/11

court of appeals decision (3-judge, not recommended for publication); for Brown: Russell D. Bohach; case activity; Brown BiC; State Resp.

The court holds that Brown knowingly, intelligently and voluntarily waived his right to counsel at trial on his sexually violent person petition.  Although there is a question as to whether the right to counsel under the 6th amendment and Art.

State v. Richard A. Wusterbarth, 2010AP1306-CR, District 3, 2/1/11

court of appeals decision (1-judge, not for publication); for Wusterburth: Eileen A Hirsch, SPD, Madison Appellate; case activity; Wusterburth BiC; State Resp.; Reply

The complaint established probable cause for obstructing, § 946.41(1), by alleging that Wusterburth made a false report to the police that a neighbor was manufacturing drugs,

State v. Tushar S. Achha, 2009AP1977-CR, District 2, 1/26/11

court of appeals decision (3-judge, not for publication); pro se; case activity; State Resp.

Ineffective Assistance Claim – Necessity of Motion

Failure to preserve a challenge to trial counsel’s performance via postconviction motion waives the issue on appeal, ¶19.

Entrapment – Child Sex Crime with Computer

Challenge to sufficiency of evidence to negate entrapment defense rejected,

State v. Demetrius M. Boyd, 2011 WI App 25; for Boyd: Rebecca Robin Lawnicki; case activity; Boyd BiC; State Resp.; Reply

Request for New Counsel

An indigent defendant doesn’t have the right to counsel of choice, but does have the right to counsel with whom he or she can communicate effectively. When an indigent defendant requests change of counsel,

Harrington v. Richter, USSC No. 09-587, 1/19/11, reversing grant of habeas relief, in 578 F. 3d 944

The 9th Circuit failed to give sufficient deference to the state court’s determination that Richter received adequate representation, requiring reversal of it grant of AEDPA-2254 habeas relief. The principal thrust of the opinion relates to the standard of review, both as to AEDPA habeas generally and ineffective-assistance claims more particularly.

Premo v. Moore, USSC No. 09-659, 1/19/11, vacating grant of habeas relief, in 574 F.3d 1092

Moore, who admitted brutalizing the victim and shooting him in the temple, accepted a plea bargain on advice of counsel: he pleaded guilty to felony-murder, and received the minimum allowable sentence, thus avoiding a capital-offense charge. He raised a postconviction challenge to counsel’s failure to seek suppression of his statement to the police,

State v. Charles R. Black, 2009AP2036-CR, District 4, 1/13/10

court of appeals decision (3-judge, not recommended for publication); for Black: Devon M. Lee, SPD, Madison Appellate; case activity; Black BiC; State Resp.; Reply

Expert Opinion – “Jensen” Testimony – Failure to Object

An expert may testify that a complainant’s behavior is consistent with a sexual assault victim’s,