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On Point is a judicial analysis blog written by members of the Wisconsin State Public Defenders. It includes cases from the Wisconsin Court of Appeals, Supreme Court of Wisconsin, and the Supreme Court of the United States.
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SCOTUS reinforces “doubly deferential” standard of review for state court “ineffective assistance of counsel” claims
Woods v. Etherton, USSC No. 15-723 (April 4, 2016) (per curiam), reversing Etherton v. Rivard, 800 F.3d 737 (6th Cir. 2015); SCOTUSblog page (including links to petition, response and reply)
This was a federal habeas action in which the petitioner claimed, among other things, that: (1) the state trial court’s admission of an anonymous tip violated his rights under the Confrontation Clause, (2) trial counsel was ineffective for failing to object to the admission of the tip; and (3) appellate counsel was ineffective for failing to raise claims (1) and (2). The petitioner lost because, in SCOTUS’s view, his appellate counsel and the state habeas court deserved, but were not given, the benefit of the doubt.
SCOTUS: Sex offender didn’t have to notify registry before leaving country
Lester Ray Nichols v. United States, USSC No. 15-5238, 2016 WL 1278473, (April 4, 2016), reversing United States v. Nichols, 775 F.3d 1225 (10th Cir. 2014); Scotusblog page (including links to briefs and commentary)
In a unanimous opinion of limited impact, the Supreme Court holds that a prior version of SORNA did not require a registered sex offender to notify his state registration authority before moving out of the country.
Friday links
It’s been a quiet week for appellate decisions, so here are some links to sate your appetite for law-related reading:
Failure to investigate and call witnesses doesn’t merit habeas relief
Michael Carter v. Stephen Duncan, 7th Circuit Court of Appeals No. 13-2243, 3/30/16
Carter sought habeas relief on the ground his trial lawyer was ineffective for failing to investigate what two defense potential witnesses had to say and failing to present their testimony at his murder trial. The Seventh Circuit holds that although the state court “stumble[d] in some respects” in determining that the failure to present the proffered testimony wasn’t prejudicial, that determination was not unreasonable under AEDPA’s deferential standard of review.
SCOTUS: Pretrial seizure of untainted assets violates right to counsel of choice
Sila Luis v. United States, USSC No. 14-419, 2016 WL 1228690 (March 30, 2016), vacating and remanding U.S. v. Luis, 564 Fed. Appx. 493 (11th Cir. 2014) (per curiam) (unpublished); Scotusblog page (including links to briefs and commentary)
The question presented in this case is whether the pretrial restraint of a criminal defendant’s legitimate, untainted assets—that is, assets not traceable to a criminal offense—needed to retain counsel of choice violates the Sixth Amendment. A majority of the U.S. Supreme Court answers “yes,” though for different reasons.
Juan Bravo-Fernandez v. United States, USSC No. 15-537, cert. granted 3/28/16
Whether, under Ashe v. Swenson, 397 U.S. 436 (1970), and Yeager v. United States, 557 U.S. 110 (2009), a vacated, unconstitutional conviction can cancel out the preclusive effect of an acquittal under the collateral estoppel prong of the Double Jeopardy Clause?
Three-word answer sufficient to prove patient was advised of advantages, disadvantages, and alternatives to medication
Marquette County v. T.F.W., 2015AP2603-FT, 3/24/16, District 4 (one-judge decision; ineligible for publication); case activity
At T.F.W.’s ch. 51 extension hearing, one of the examining physicians was asked “have the advantages, disadvantages and alternatives to [T.F.W.’s] medication been explained to [him]?” Her answer: “Yes, they have.” (¶7). That was the extent of the testimony on the matter, but the court of appeals holds it was good enough to satisfy the requirement of § 51.61(1)(g)4.(intro.) and Outagamie County v. Melanie L., 2013 WI 67, 349 Wis. 2d 148, 833 N.W.2d 607.
No jury instruction error in state murder trial
Arthur Mitchell v. Donald Enloe, 7th Circuit Court of Appeals No. 14-2946, 3/24/16
The Seventh Circuit rejects Mitchell’s claims that the lawyer representing him at his state murder was ineffective because he should have asked for a provocation instruction as well as a self-defense instruction, because the two defenses were inconsistent and the jury clearly rejected the testimony on which provocation would have been based.
No habeas relief for alleged errors in capital case
Eric D. Holmes v. Ron Neal, 7th Circuit Court of Appeals Nos. 04-3549, 06-2905, and 14-3359, 3/22/16
Holmes claims various errors in his capital murder case merit habeas relief, but the 7th Circuit doesn’t agree.
Court of Appeals clarifies standards for postconviction DNA testing
State v. Jeffrey C. Denny, 2016 WI App 27, petition for review granted 6/15/16, overruled, 2017 WI 17; case activity (including briefs)
If you are thinking about filing a motion under § 974.07 or are in the middle of litigating such a motion, you’ll want to read this decision. The court of appeals holds Denny is entitled to DNA testing of certain evidence because he showed that the items he sought to test are “relevant to the investigation or prosecution that resulted in [his] conviction….” The court also holds he is entitled to testing at public expense because it is reasonably probable he would not have been convicted if exculpatory DNA testing results had been available at the time of his conviction.
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