Antonio D. Shannon v. Randall Hepp, Warden
DueProcess HabeasCorpus JusticiabilityDoctri
whether-the-defendant-has-the-right-to-testify
QUESTIONS PRESENTED Given that “the accused has the ultimate authority [to decide] whether to... testify in his or her own behalf,” Jones v. Barnes, 463 U.S. 745, 751 (1983), is it enough, as the lower courts held here, that trial counsel had reason to believe that the defendant should not testify and advised the defendant not to testify but left it to the defendant to decide, or must effective counsel also provide the underlying information necessary for the defendant independently to make an informed decision whether the relative risks and benefits of testifying justified doing so? PARTIES IN COURT BELOW Other than the present Petitioner and Respondent, the only other parties in the courts below were the State of Wisconsin (also represented by the Wisconsin Department of Justice) as real party in interest for the Respondent, and Warden Brian Foster, who was replaced as nominal Respondent by Warden Hepp.