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: |
|