No. 21-8064

Antonio D. Shannon v. Randall Hepp, Warden

Lower Court: Seventh Circuit
Docketed: 2022-06-06
Status: Denied
Type: IFP
Response WaivedIFP
Tags: counsel-obligations criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel right-to-counsel right-to-testify sixth-amendment
Key Terms:
DueProcess HabeasCorpus JusticiabilityDoctri
Latest Conference: 2022-09-28
Question Presented (AI Summary)

whether-the-defendant-has-the-right-to-testify

Question Presented (OCR Extract)

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.

Docket Entries

2022-10-03
Petition DENIED.
2022-06-30
DISTRIBUTED for Conference of 9/28/2022.
2022-06-24
Waiver of right of respondent Randall Hepp to respond filed.
2022-05-31
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 6, 2022)

Attorneys

Antonio Shannon
Robert R. HenakHenak Law Office, S.C., Petitioner
Robert R. HenakHenak Law Office, S.C., Petitioner
Randall Hepp
Nicholas Schmidt DeSantisWisconsin Department of Justice, Respondent
Nicholas Schmidt DeSantisWisconsin Department of Justice, Respondent