No. 21-5276

William H. Bransford v. Dan Winkelski, Warden

Lower Court: Seventh Circuit
Docketed: 2021-08-03
Status: Denied
Type: IFP
Response WaivedIFP
Tags: aedpa-standard appellate-counsel civil-commitment dna-evidence due-process habeas-corpus indigent-defendant ineffective-assistance ineffective-assistance-of-counsel plea-bargaining
Latest Conference: 2021-09-27
Question Presented (from Petition)

1. Should pre-A-EDP-A standard of a 2.8 4-.§2254 petition apply when an indigent defendant has been U.S.C. constructively abandoned by appointed appellate attorney during the direct appeal process?

2. Is a direct appeal adjudicated in accord with due process of law if appellate attorney challenges the applicability of Chapter 980, a sex offender civil commitment as the single issue while omitting clearly stronger issues?

3. Was petitioner denied ineffective assistance of counsel and/or Due Process when trial attorney failed to hire a DNA expert for the defense in a CODIS case where DNA was the only means of connecting petitioner to the crime?

4. Was counsel constitutionally ineffective at plea bargaining stage when petitioner rejected the plea offer without the benefit of having a DNA expert opinion?

5. Whether psychological report conducted by the state without counsel's knowledge or permission was harmless error?

Question Presented (AI Summary)

When does constructive abandonment by appointed appellate attorney occur during direct appeal?

Docket Entries

2021-10-04
Petition DENIED.
2021-08-26
DISTRIBUTED for Conference of 9/27/2021.
2021-08-18
Waiver of right of respondent Winkelski, Warden to respond filed.
2021-06-23
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 2, 2021)

Attorneys

William H. Bransford
William H. Bransford — Petitioner
Winkelski, Warden
Scott Edwin RosenowWisconsin Department of Justice, Respondent