On Point blog, page 5 of 7
OWI – Habitual – Collateral Attack
State v. Jonathan M. Reynolds, 2011AP512-CR, District 4, 8/11/11
court of appeals decision (1-judge, not for publication); for Reynolds: Steven Cohen; case activity
Reynolds collateral attack on a prior OWI conviction (on the ground waiver of counsel was ineffectual because he didn’t know the potential range of penalties) is rejected. Basic procedure discussed and applied, ¶8.
¶11 Reynolds testified that although he received a copy of the complaint,
Right to Counsel – Forfeiture
State v. Kenneth A. Hudson, 2010AP166-CR, District 3, 8/2/11
court of appeals decision (not recommended for publication); for Hudson: James A. Rebholz; case activity
By rejecting and failing to cooperate with appointed counsel, after being warned of the consequence, Hudson forfeited his right to representation at trial.
¶27 In accordance with Cummings, Hudson was repeatedly warned by the court—and by outgoing counsel—that Carns would be his final attorney and that Hudson therefore needed to cooperate with him.
Martel v. Kenneth Clair, USSC No. 10-1265, cert granted 6/27/11
Lower court decision: Clair v. Ayers, 9th Cir. Nos. 05-99005, 08-75135, 11/17/10
At the end of ten years of capital federal habeas corpus proceedings in the district court, respondent suddenly complained about and sought replacement of his court-appointed public defender with a new appointed lawyer. The district court refused, explaining that “it appears Petitioner’s counsel is doing a proper job”
TPR – IAC Claim; Request for Substitute Counsel; Request for Self-Representation
Sheboygan County DH&HS v. Wesley M., No. 2010AP2946, District 2, 6/15/11
court of appeals decision (1-judge, not for publication); for Wesley M.: Leonard D. Kachinsky; case activity
¶7 A parent is entitled to the effective assistance of counsel in termination of parental rights proceedings, and the applicable standards are those which apply in criminal cases. See A.S. v. State, 168 Wis.
U.S. v. Sidney O. Sellers, 7th Cir No. 09-2516, 5/19/11
7th circuit court of appeals decision
Counsel, of Own Choosing
By arbitrarily refusing to grant Sellers a continuance so he could retain counsel of his own choosing, the district court violated his 6th amendment right to counsel, a structural error requiring reversal without considering possible prejudice.
The facts are a bit extreme – Sellers thought he was retaining one attorney and instead he was saddled with an associate,
Consent to Search: Co-Tenant; Counsel: Request for Substitute; Personal Presence: Forfeiture by Misconduct; Right to Testify: Waiver; Judicial Bias: Lapse in Decorum
State v. Calvin Jerome Pirtle, 2011 WI App 89(recommended for publication); for Pirtle: Christopher J. Cherella; case activity
Consent to Search – Georgia v. Randolph
Pirtle’s failure to object to the police presence allowed them to act on the co-tenant’s consent to a warrantless search under Georgia v. Randolph, 547 U.S. 103 (2006):
¶15 In Randolph,
Waiver of Right to Counsel under 6th Amendment during Interrogation
State v. Brad E. Forbush, 2011 WI 25, reversing 2010 WI App 11; for Forbush: Craig A. Mastantuono, Rebecca M. Coffee; amicus: Colleen D. Ball, SPD, Milwaukee Appellate; case activity
Forbush’s 6th amendment right to counsel had already attached – because a criminal complaint had been filed – and he had retained counsel before officers began interrogating him on that charge in the absence of his attorney.
Self-Representation – SVP
State v. Lee Alexander Brown, 2010AP970, District 1, 2/1/11
court of appeals decision (3-judge, not recommended for publication); for Brown: Russell D. Bohach; case activity; Brown BiC; State Resp.
The court holds that Brown knowingly, intelligently and voluntarily waived his right to counsel at trial on his sexually violent person petition. Although there is a question as to whether the right to counsel under the 6th amendment and Art.
Counsel: Request for Substitute – Effective Assistance (Disclosure of Communications, et al.); Double Jeopardy: Bail Jumping
State v. Demetrius M. Boyd, 2011 WI App 25; for Boyd: Rebecca Robin Lawnicki; case activity; Boyd BiC; State Resp.; Reply
Request for New Counsel
An indigent defendant doesn’t have the right to counsel of choice, but does have the right to counsel with whom he or she can communicate effectively. When an indigent defendant requests change of counsel,
Counsel – Waiver; Plea-Withdrawal – Issuance of Worthless Check – Elements
State v. Kenneth B. Bonner, 2010AP1414-CR, District 1, 12/28/10
court of appeals decision (1-judge, not for publication); for Bonner: Dennis P. Coffey; case activity; Bonner BiC; State Resp.
Counsel – Waiver
The trial court’s waiver colloquy omitted two required components: assurance that the defendant made a deliberate choice to proceed without counsel, and was aware of the difficulties and dangers of self-representation,