No. 23-7185

Lawrence Northern v. Lizzie Tegels, Warden

Lower Court: Wisconsin
Docketed: 2024-04-10
Status: Denied
Type: IFP
Response WaivedIFP
Tags: appellate-procedure counsel-of-choice direct-appeal due-process ineffective-assistance ineffective-assistance-of-counsel right-to-counsel sixth-amendment state-v-machner strickland-standard strickland-v-washington
Key Terms:
DueProcess Privacy
Latest Conference: 2024-05-09
Question Presented (AI Summary)

Question not identified.

Question Presented (OCR Extract)

QUESTIONS PRESENTED mo 1. is State v. Machner Unconstitutional? Subsumed within this question is a subsidiary question: Have Alabama, Texas, Wisconsin and the Eleventh Circuit effectively overturned this Court's precedent, Strickland v. Washington, recognizing when a court is presented with an claim, the reviewing court should lock to the full record presented by the defendant. However, Alabama, Texas, Wisconsin, and the Eleventh Circuit held (or seems to hold) that failure to call challenged counsel as a witness automatically doomes the claim: a rule that Wisconsin has followed at least since 1979's State v. Machner, : 2. Did Wisconsin Attorneys Jeffrey Reitz and Timothy Provis Engage in Impremissible advocacy when Attorney Reitz filed a Notice of Appeals without Petitioner's knowledge or consent and then outsourced appellate briefing to Attorney Provis, who filed a defective appellate brief raising only unpreserved discovery issues, constituting a per se violation of the Sixth Amendment? 3. Did the Wisconsin Court of Appeals deprive Petitioner counsel of his choice with its refusal ° to dismiss Petitioner's (in name only) direct appeal, wherein, his pro se letter to the court ā€œ asking for the appeal to be dismissed, Petitioner specifically explained that his retained . counsel, without Petitioner's knowledge or consent, subcontracted out his appellate representation to an attorney, not affiliated with the Reitz's firm, and there was a substantial breakdown in communication neither Reitz nor Provis conferred/consulted with Petitioner regarding the direct appeal? oo . ii w * iā€˜ . :

Docket Entries

2024-05-13
Petition DENIED.
2024-04-18
DISTRIBUTED for Conference of 5/9/2024.
2024-04-12
Waiver of right of respondent Lizzie Tegels to respond filed.
2024-02-21

Attorneys

Lawrence Northern
Lawrence Northern — Petitioner
Lawrence Northern — Petitioner
Lizzie Tegels
Kara Lynn JansonWisconsin Department of Justice, Respondent
Kara Lynn JansonWisconsin Department of Justice, Respondent