On Point: 8. Counsel, 6th Am.

State v. James R. Thiel, 2003 WI 111, reversing unpublished opinion of court of appeals
For Thiel: Bruce J. Rosen

Issue/Holding:

¶37. Turning to counsel’s performance, we first recognize that counsel’s failure to review certain portions of the discovery provided by the prosecution–especially Dr. Metzler’s medical reports–was deficient performance as a matter of law. In a felony case where the client potentially faces significant prison time,

State v. James R. Thiel, 2003 WI 111, reversing unpublished opinion of court of appeals
For Thiel: Bruce J. Rosen

Issue/Holding:

¶51. Third, counsel’s interpretation of Wis. Stat. § 972.11(3) reflects a failure either to research or correctly interpret relevant portions of the law. The circuit court found that counsel interpreted this statute as allowing the defense to prevent the State from presenting evidence of the complaining witness’s prior personal or medical history if the defense did not file a motion under § 972.11(3).

State v. John S. Cooper, 2003 WI App 227, PFR filed 11/14/03
For Cooper: John A. Birdsall
Issue/Holding:

¶23. As a final matter, this court notes with dismay the multiple citations to unpublished opinions contained in Cooper’s appellate brief. The Rules of Appellate Procedure proscribe as follows:

Unpublished opinions not cited. An unpublished opinion is of no precedential value and for this reason may not be cited in any court of this state as precedent or authority,

Wiggins v. Smith, 539 U.S. 510 (2003) (ABA Standards, as “guides” to counsel’s duty to investigate, represent “clearly established precedent”); Keith B. Canaan v. McBride, 395 F. 3d 376 (7th Cir 2005):

We follow the Court’s lead in Strickland and Wiggins by looking first to the ABA Standards for Criminal Justice and the ABA Guidelines for the Appointment and Performance of Defense Counsel in Death Penalty Cases.

State v. Gary L. Gordon, 2003 WI 69, reversing 2002 WI App 53, 250 Wis. 2d 702, 641 N.W.2d 183
For Gordon: Steven P. Weiss, SPD, Madison Appellate

Issue/Holding:

¶24. The court of appeals held that the defense attorney’s closing argument concession on the disorderly conduct while armed count was the functional equivalent of a guilty plea, improper if done without Gordon’s consent,

State v. William A. Silva, 2003 WI App 191, PFR filed 9/4/03
For Silva: Martin E. Kohler, Brian Kinstler, Donald E. Chewning

Issue/Holding: (State v. Gordon, 2003 WI 69, followed. ¶15 n. 4:)

¶19 We are satisfied that, under the circumstances, Silva’s allegations do not defeat the strong presumption that trial counsel rendered adequate assistance. Silva’s trial attorney did as well as most attorneys would have done.

State v. Robert L. Snider, 2003 WI App 172, PFR filed 8/22/03
For Snider: Timothy J. Gaskell

Issue/Holding: The detective’s testimony as to what he believed at the time he was conducting the investigation did not amount to a comment on the credibility of a witness, hence was not deficient performance, ¶27. Moreover, “(c)ounsel’s attempt to discredit the investigating detective by showing that he came to a premature conclusion regarding what had occurred,

State v. Robert Jamont Wright, 2003 WI App 252
For Wright: Ann Auberry

Issue/Holding:

¶35. Wright’s appellate argument rests largely on Van Rybroek’s testimony at the Machner hearing, which documents the unreliability of eyewitness testimony. However, as the trial court aptly observed, trial counsel’s decision to forego an expert was made prior to Lomack surfacing as a potential witness and prior to the trial court’s ruling that Van Rybroek’s testimony was admissible under those changed circumstances.

State v. Evan Zimmerman, 2003 WI App 196, (AG) PFR filed 9/10/03
For Zimmerman: Keith A. Findley, UW Law School

Issue/Holding: Counsel’s admittedly non-tactical failure to obtain DNA results on hair found on the victim’s pants and on scrapings from her fingernails was deficient, similar to State v. Glass, 170 Wis. 2d 146, 488 N.W.2d 432 (Ct. App. 1992):

¶40. Here,

State v. Evan Zimmerman, 2003 WI App 196, (AG) PFR filed 9/10/03
For Zimmerman: Keith A. Findley, UW Law School

Issue/Holding: Counsel’s failure to offer independent medical evidence that would have challenged the state’s expert as to the weapon used to kill the victim and that would have indicated that the murder was consistent with a sex crime, was deficient performance:

¶42. Given the particular facts of this case,