State v. Allen Dell Vaughn, 2012 WI App 129 (recommended for publication); case activity Waiver / Forfeiture of Right, Generally Waiver is the intentional relinquishment or abandonment of a known right or privilege; forfeiture is: (1) the failure to object to something without intending to relinquish that which an objection might have preserved and (2) doing something incompatible with… Read more
7. Defendant’s right to testify
State v. Joel Joseph Lobermeier, 2012 WI App 77 (recommended for publication); for Lobermeier: Andrea Taylor Cornwall, SPD, Milwaukee Appellate; case activity Appellate Procedure – Waiver – Jury Instructions Failure to object to a jury instruction amounts to a failure to preserve for review an asserted objection, which must therefore be reviewed in the context… Read more
State v. Daniel E. Krueger, 2011AP571-CR, District 3, 8/2/11 court of appeals decision (1-judge, not for publication); for Krueger: Ana Lyn Babcock; case activity Prosecutorial failure to disclose a police report containing his statements that “were incriminating and any reasonable prosecutor would have planned on using them at trial” violated Krueger’s right to discovery, ¶23, citing State… Read more
State v. Rickey R. Denson, 2011 WI 70, affirming unpublished summary order; for Denson: Donna Odrzywolski; case activity ¶8 A criminal defendant’s constitutional right not to testify is a fundamental right that must be waived knowingly, voluntarily, and intelligently. However, we conclude that circuit courts are not required to conduct an on-the-record colloquy to determine whether a defendant… Read more
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… Read more
decision below: summary order; for Denson: Donna Odrzywolski; supreme court news release Issues (from the news release): Should the constitutional right of a criminal defendant not to testify on his behalf and remain silent at trial be recognized as a fundamental right that can only be waived personally by the defendant with an on the record… Read more
court of appeals decision (1-judge, not for publication) BiC; Resp. Br.; Reply Br. Traffic Arrest Probable cause to believe Broad drove on public roadway, hence to arrest for OWI, where car was found off the road, Broad was in driver’s seat and admitted to being driver, car “was warm and running.” Right to Testify Violation of… Read more
court of appeals decision; for Garcia: Paul M. Ruby Resp Br Right to Testify – After-the-Fact Evidentiary Hearing Remedy for failure to conduct colloquy required by State v. Weed, 2003 WI 85, doesn’t automatically result in new trial but, rather, supports postconviction evidentiary hearing… Read more
