On Point: 8. Counsel, 6th Am.

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court of appeals decision (3-judge, not recommended for publication); for Otis: Bryan C. Lichstein; case activity; Otis BiC; State Resp.; Reply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court of appeals decision (3-judge, not recommended for publication); for Brown: Russell D. Bohach; case activity; Brown BiC; State Resp.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court of appeals decision (1-judge, not for publication); for Wusterburth: Eileen A Hirsch, SPD, Madison Appellate; case activity; Wusterburth BiC; State Resp.; Reply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court of appeals decision (3-judge, not for publication); pro se; case activity; State Resp.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,

Thomas Vitrano v. Milwaukee Police Department, 2010AP1987, District 1, 1/11/11

court of appeals decision (1-judge, not for publication); pro se; case activity; Resp.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

footnote 2:

We note with some frustration that neither party included a single citation to the record in their respective briefs in violation of Wis. Stat. Rule 809.19(1)(d).  Record cites are helpful to the court and are required even when the record is not voluminous. 

Docket

Decision below (311 S.W.3d 350, Mo. Ct. App)

Question Presented:

Contrary to the holding in Hill v. Lockhart, 474 U.S. 52 (1985)–which held that a defendant must allege that, but for counsel’s error, the defendant would have gone to trial–can a defendant who validly pleads guilty successfully assert a claim of ineffective assistance of counsel by alleging instead that,