On Point blog, page 71 of 71
Counsel – Ineffective Assistance – Deficient Performance – Examination of Witness – Eliciting Unanticipated Answer
State v. Liliana Petrovic, 224 Wis.2d 477, 592 N.W.2d 238 (Ct. App. 1999)
For Petrovic: Robert B. Rondini
Issue/Holding: Counsel’s cross of a detective elicited testimony that Petrovic refused to answer questions about her drug involvement during custodial examination. The court rejects her argument that counsel’s examination was deficient. Counsel “reasonably believed,” based on pretrial hearings that she had answered such questions (with denials). Counsel’s “unwittingly” eliciting testimony about her assertion of rights wasn’t unreasonable.
Right to Counsel – Postconviction Proceedings, Collateral Attack
State ex rel. Phillip I. Warren v. Schwarz, 219 Wis.2d 615, 579 N.W.2d 698 (1998), affirming 211 Wis. 2d 708, 566 N.W.2d 173 (Ct. App. 1997) / State v. Phillip I. Warren, 219 Wis.2d 615, 579 N.W.2d 698 (1998), on certification
For Warren: Ralph A. Kalal
Issue: Whether Warren was entitled to appointment of counsel for postconviction proceedings.
Holding (¶66):
¶66 Warren’s motion for post-conviction relief pursuant to Wis.
Right to Counsel – Judicial Appointment – Continuation on Appeal
In re Paternity of Roberta Jo W.: Roberta Jo W. v. Leroy W., 218 Wis.2d 225, 578 N.W.2d 185 (1998), on certification.
Holding:
The second issue is whether the circuit court erred in terminating court-appointed counsel upon the filing of a notice of appeal. We hold that after a notice of appeal was filed, the case was within the jurisdiction of the court of appeals,