court of appeals decision; for Garcia: Paul M. Ruby Defendant’s Right to Testify – After-the-Fact Evidentiary Hearing on Required Colloquy Although a colloquy is required by State v. Weed, 2003 WI 85 before the defense rests without testimony from the defendant, failure to conduct the colloquy doesn’t automatically result in new trial but, rather, supports postconviction evidentiary… Read more
7. Defendant’s right to testify
State v. David Arredondo, 2004 WI App 7, PFR filed 1/22/04 For Arredondo: James A. Rebholz Issue/Holding: ¶11. A defendant’s right to testify is a fundamental constitutional right. State v. Simpson, 185 Wis. 2d 772, 778, 519 N.W.2d 662, 663 (Ct. App. 1994). A defendant may, however, waive the right to testify. State v. Wilson… Read more
