Seventh Circuit -- Martin Woolley v. Dave Rednour

Where state lower court court finds ineffective assistance and the Court of Appeals expressly declines to reach the issue, federal Habeas review is de novo.

When the response to well-signalled critically inculpatory evidence at a trial in a capital case is not a strong cross and an expert witness in rebuttal, but rather a sketch on a legal pad shown during closing, that's ineffective assistance.

No prejudice, though, as the deft is the only one who could have contradicted the story, and he didn't take the stand, and absent disproof, the confession - whether or not written to protect the other suspect, the deft's wife - would have ensured the verdict.

Martin Woolley v. Dave Rednour