No "Do-Overs" in Homicide Defense: Don’t Make This Mistake If You Are Charged With Homicide
In high-stakes homicide defense, there are no "do-overs." If your attorney fails to do the legwork before the trial starts, the "chaos" of the legal system will likely keep you behind bars for the rest of your life.
By Tripp Stroud | Valley View Law
If you are wrongly accused of a serious felony, you might assume that if your lawyer makes a mistake, you can simply fix it on appeal. A recent decision from the Wisconsin Court of Appeals, State v. Jackson (2026), proves that assumption is a dangerous—and potentially permanent—delusion.
The Case: Why Larry Jackson is in Prison for Life
Larry Jackson was charged with first-degree intentional homicide. His defense was that he wasn't at the scene; he was at his mother’s house. Jackson had three alibi witnesses to back him up: His mother, his sister, and his ex-girlfriend. At trial, Jackson’s lawyer only called his mother to testify. The jury convicted him of first-degree intentional homicide. He was sentenced to life in prison.
Jackson later appealed, arguing his lawyer was ineffective because she failed to call—or even properly investigate—two other potential witnesses: his sister and his ex-girlfriend. He believed three voices would have provided the clarity needed to secure an acquittal.
The Ruling: The "Strategy" Trap
The Court of Appeals upheld the conviction and the life sentence. Why? Because the court labeled the lawyer’s failure as a "reasonable strategic choice." This is the most dangerous trap in the Wisconsin legal system. Once a court labels a lawyer’s action (or inaction) as a “strategy,” it becomes nearly impossible to overturn the conviction. In Jackson, the lawyer argued she didn't want to risk "discrepancies" between witnesses. Because the court accepted this as a valid tactic, Jackson lost his chance at a new trial.
The lesson is brutal: The system will protect a lawyer’s "strategy" even if that strategy was born out of a failure to investigate.
The "Minimum Standard" That Failed
At Valley View Law, we believe that when your future and freedom are on the line, AT A MINIMUM every potential alibi witness should be interviewed and considered. Even if a witness is ultimately not called to testify for tactical reasons, a diligent attorney must do the work to find out what they have to say. In the Jackson case, that exhaustive development didn't happen. The result? A man is in prison for life because that basic requirement wasn't met, and the appellate court refused to give him a second chance.
What Diligent Defense Looks Like
To avoid the fate of Larry Jackson, you must hire a diligent attorney who understands that a homicide case is won or lost in the months before the jury is picked. You need a specialist who will:
Communicate Early and Often: You should never be in the dark about your own defense. We involve our clients in pivotal strategic decisions.
Interview and Investigate: We don't guess which witnesses are "good enough." We conduct an investigation of every potential alibi, interviewing them personally to ensure we have the full picture.
Work the "Pre-Trial" Phase: We start taking apart the State’s case on Day One. We don't wait for the trial to "see what happens." We build a shield through investigation and witness development.
Your Future Has No Second Chance
The Jackson case is a tragedy of missed opportunities. It proves that the "system" favors finality over fairness. If your lawyer fails to follow up with witnesses now, you won't get a "do-over" later.
When the stakes are life and death, you cannot afford a generalist who cuts corners on investigation. You need an aggressive, specialized defender that treats every witness as a critical piece of your liberty.
Don't let your lawyer’s inactivity become your life sentence. Contact a specialized and aggressive criminal defense lawyer to start building your defense now.
