On Point: 7. Self-Representation

State v. Anthony S. Irving, 2011AP1908-CR, District 2, 8/8/12

court of appeals decision (not recommended for publication); case activity

A defendant has a constitutional right to self-representation, State v. Imani, 2010 WI 66, ¶20, 326 Wis. 2d 179, 786 N.W.2d 40, but it must be triggered by a “clear and unequivocal” request for self-representation, State v. Darby,

State v. Dragisa Pavlovic, 2011AP2687-CR, District 2, 8/1/12

court of appeals decision (1-judge, ineligible for publication); case activity

Pavlic’s waiver of counsel so that he could represent himself at trial satisfied State v. Klessig, 211 Wis. 2d 194, 564 N.W.2d 716 (1997).

¶8        As a precautionary measure, the trial court granted Pavlovic a Klessig evidentiary hearing.  We conclude the trial court’s waiver colloquy complied with Klessig.  

on review of unpublished court of appeals decision; for Gracia: Tracey A. Wood; case activity

Warrantless Entry – Community Caretaker / OWI Enhancer – Collateral Attack 

Issues (Composed by On Point): 

Whether the community caretaker doctrine supported entry into Gracia’s bedroom after the police linked him to a serious traffic accident.

Whether Gracia’s waiver of counsel in a prior OWI conviction used as a penalty enhancer was valid,

State v. Casey D. Schwandt, 2011AP2301-CR, District 2, 5/16/12

court of appeals decision (1-judge, not for publication); for Schwandt: Erik C. Johnson; case activity

Schwandt made a prima facie showing that he did not validly waive counsel in a 1997 OWI conviction used as a penalty enhancer.

General Principles.

¶5        A defendant may collaterally attack a prior conviction on the ground that his or her constitutional right to counsel was violated because he or she did not knowingly,

court of appeals decision (1-judge, not for publication); for Gracia: Tracey A. Wood; case activity; petition for review granted 5/14/12

Warrantless Entry – Community Caretaker 

Entry into Gracia’s bedroom by police, who had linked him to a serious traffic accident, was justified by the community caretaker doctrine; State v. Ultsch, 2011 WI App 17, 331 Wis. 2d 242,

State v. Jason L. Decorah, 2011AP662-CR, District 4, 12/8/11

court of appeals decision (1-judge, not for publication); for Decorah: Corey C. Chirafisi; case activity

Collateral attack on a prior OWI used as a current enhancer, on the ground Decorah didn’t understand the range of penalties therefore didn’t validly waive counsel. Decorah prevailed below, and the court affirms on this State’s appeal:

¶3        Decorah’s collateral attack is based on his contention that,

State v. Joel D. Rhodes, 2011 WI App 145; for Rhodes: Chris L. Hartley; case activity

Self-Representation – Adequacy of Waiver of Right to Counsel 

The trial court undertook a valid waiver of counsel, pursuant to State v. Klessig, 211 Wis. 2d 194, 206, 564 N.W.2d 716 (1997):

¶18      We reject Rhodes’s claim.  The circuit court conducted a colloquy with Rhodes that the State aptly describes as exemplary.  

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.

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.

State v. Richard A. Wusterbarth, 2010AP1306-CR, District 3, 2/1/11

court of appeals decision (1-judge, not for publication); for Wusterburth: Eileen A Hirsch, SPD, Madison Appellate; case activity; Wusterburth BiC; State Resp.; Reply

The complaint established probable cause for obstructing, § 946.41(1), by alleging that Wusterburth made a false report to the police that a neighbor was manufacturing drugs,