On Point blog, page 71 of 71

Counsel – Conflict of Interest – Prior Appearance as Prosecutor

State v. Michael Love, 227 Wis.2d 60, 594 N.W.2d 806 (1999), reversing State v. Love 218 Wis.2d 1, 579 N.W.2d 277 (Ct. App. 1999)
For Love: Philip J. Brehm.

Holding: Love was represented at sentencing after revocation by an attorney who had been the prosecutor at the original sentencing, 20 months earlier; the attorney couldn’t remember appearing for the state at the original sentencing.

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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.

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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.

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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,

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