McDowell v. Kingston

CUDAHY, Circuit Judge.

The petitioner, Derryle S. McDowell, was convicted of sexual assault, kidnapping and armed robbery and was sentenced to 200 years in prison. At trial, McDowell’s trial counsel had him testify in a narrative form rather than lead him through a question and answer format. In considering McDowell’s post-conviction motion, the Wisconsin Supreme Court applied Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984), and determined that McDowell’s trial counsel’s decision to have McDowell testify in a narrative format without knowing that he would testify…