No. 24-5896

Matthew Myke v. Wisconsin

Lower Court: Wisconsin
Docketed: 2024-11-01
Status: Denied
Type: IFP
Response WaivedIFP
Tags: character-evidence criminal-procedure ineffective-assistance sexual-assault trial-strategy witness-testimony
Key Terms:
JusticiabilityDoctri
Latest Conference: 2025-01-10
Question Presented (AI Summary)

Whether failure to advise an accused about testifying and developing character evidence constitutes ineffective assistance of counsel in a sexual assault case

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. In a criminal case involving accusations of sexual assault in which the prosecution relies solely upon the testimony of the complainant, is it ineffective assistance of counsel to fail to prepare the accused to testify at trial, and ineffective assistance of counsel for the trial lawyer to refuse to offer any advice during the jury trial to the accused about the decision to testify? 2. Is it ineffective assistance of counsel to fail to develop character evidence about the accused because the trial lawyer did not understand the rules of evidence that permit the accused to present evidence of his own character? i

Docket Entries

2025-01-13
Petition DENIED.
2024-12-05
DISTRIBUTED for Conference of 1/10/2025.
2024-12-02
Waiver of right of respondent Wisconsin to respond filed.
2024-10-28
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 2, 2024)

Attorneys

Matthew Myke
Mark Phillip MaciolekMaciolek Law Group, Petitioner
Wisconsin
Nicholas Schmidt DeSantisWisconsin Department of Justice, Respondent