State v. Felton, 110 Wis.2d 485 (1983)

In this case, the Wisconsin Supreme Court reviewed an appeal on a second-degree murder conviction against a woman who shot and killed her husband. The Court decided that an attorney’s representation of the woman as a domestic violence victim/criminal defendant constituted ineffective assistance of counsel where he failed to inform himself of statutes regarding heat of passion manslaughter defense to her first-degree murder charge, and failed to consider the defense of not-guilty due to mental disease or defect, or to make a meaningful investigation into facts that would support her defense. The defendant was married to her husband for twenty-three years; during that time, her husband severely abused her and her children. She subsequently shot and killed her husband while he was asleep. Her counsel used the “battered spouse” defense, claiming that she acted in self-defense. The jury received instructions on first degree murder, second degree murder, manslaughter, and on the privilege of self-defense. However, “there was no request for instruction on heat-of-passion manslaughter.” After her conviction of second-degree murder by a jury, the appellate counsel brought a post-conviction motion arguing trial counsel was ineffective. The trial attorney admitted that he was not “well-versed in criminal law.” Although he practiced for three years, his practice had not been in Wisconsin, and he never oversaw a complete felony case. He acknowledged that he was incompetent in managing a case of this magnitude. The Court held that his conduct did not rise to the standards expected of a prudent attorney who was reasonably skilled and versed in criminal law. The Court also found that his conduct was prejudicial towards the defendant by depriving her of material defenses; thus, the counsel was ineffective. The Court reversed the portion of the previous decision finding her guilty and affirmed the portion ordering a new trial on the “question of criminal responsibility.” 

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  • 1983

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