State v. Felton

1983

Court: Wis Court of Appeals, 2nd District

Facts: Husband shot while sleeping. PD on first day of job, with little backup.

Posture: Convicted at trial. There was an appeal based on ineffective counsel, but even though the counsel was found to be ineffective, this was ruled to be harmless error. So then it's appealed to the supreme court.

Issue: Was the trial counsel ineffective?

Holding: Yeah, he didn't know the law.

Rule: You are entitled to effective counsel, as part of due process.

Reasoning: Should have known about the statutes. Didn't inform himself about defenses, failed to investigate the facts. If he'd raised the right issues, and worked with the expert, a judge would have instructed about manslaughter.

Dicta: