On Point blog, page 1 of 1
Habeas relief granted based on trial counsel’s erroneous assessment of the need for forensic pathology expert
Larry H. Dunn v. Cathy Jess, 7th Circuit Court of Appeals No. 20-1168 (Nov. 24, 2020)
Dunn was charged with felony murder and other offenses based on the fact he had struck the victim, who was later found dead from a head injury. In a rare case that clears the high hurdles of both AEDPA and Strickland v. Washington, 466 U.S. 668 (1984), the Seventh Circuit holds his trial lawyer was ineffective for failing to call an expert witness to support his defense that his acts did not cause the victim’s death.
Plea-Withdrawal – Homicide – Causation
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court of appeals decision (not recommended for publication); case activity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,
Reckless Homicide: “Substantial Factor” Causation, rel. to Life Support Termination
State v. Michael D. Below, 2011 WI App 64 (recommended for publication); for Below: Joseph L. Sommers; case activity
Below indisputably caused massive injuries that resulted in the victim’s death, albeit after medical staff terminated life support. His reckless acts were therefore a “substantial factor” in, hence caused, her death. He was not entitled to a theory of defense instruction authorizing the jury to acquit him on the basis that the termination of life support was an intervening cause of death.
Common Law Defenses – Causation, Homicide – “Year and a Day” Rule
State v. Waylon Picotte, 2003 WI 42, on certification
For Picotte: John T. Wasielewski
Issue: Whether conviction for homicide is barred because the victim did not die within a year and a day of infliction of the fatal injuries.
Holding:
¶5. We disagree with the circuit court and hold that the defendant’s conviction in this case is barred by the common-law year-and-a-day rule.
§ 943.23(1r), Carjacking: Operating Vehicle Without Owner’s Consent Resulting in Death — Sufficiency of Evidence, Causation
State v. Earl L. Miller, 231 Wis.2d 447, 605 N.W.2d 567 (Ct. App. 1999)
For Miller: Eduardo M. Borda
Issue: Whether an act may satisfy the “substantial factor” test for causation element if it merely plays a prominent rather than lone role in the proscribed result.
Holding: Causation is satisfied by any significant, not necessarily the sole, factor resulting in death.
Miller was convicted of operating a vehicle without owner’s consent resulting in death (carjacking),