On Point blog, page 11 of 11

Bruce N. Brown v. Watters, 7th Circuit Appeal No. 08-1171, 3/19/10

7th circuit court of appeals decision; habeas review of: Wis court of appeals decision, 03AP3252

Habeas – Supplement Record

… Although we generally decline to supplement the record on appeal with materials not before the district court, we have not applied this position categorically. See, e.g., Ruvalcaba v. Chandler, 416 F.3d 555, 562 n.2 (7th Cir. 2005) (in habeas case,

Read full article >

Particular Issues – Counsel – Ineffective Assistance – Deficient Performance: Lack of Familiarity with Vienna Convention on Consular Relations

Johnbull K. Osagiede v. USA, 7th Cir No. 07-1131, 9/9/08

Issue/Holding: Counsel’s ignorance of VCCR Art. 36 rights available to foreign national client was deficient:

Osagiede’s claim is a common one in Sixth Amendment cases. In essence, Osagiede argues that his lawyer should have been aware of his legal rights under Article 36 and should have acted to protect them: “All lawyers that represent criminal defendants are expected to know the laws applicable to their client’s defense.” Julian v.

Read full article >