State v. Rickey R. Denson, 2011 WI 70, affirming unpublished summary order; for Denson: Donna Odrzywolski; case activity ¶8 A criminal defendant’s constitutional right not to testify is a fundamental right that must be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
A. Construction
on certification; for Soto: Shelley Fite, SPD, Madison Appellate; case activity; prior post Issues (composed by On Point): Whether a defendant has a non-waivable right to be physically present at a §§ 971.04(1)(g) and 885.60. If the right to physical presence at the plea proceeding can be waived or forfeited, whether a formal colloquy is nonetheless required before… 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
decision below: 2010 WI App 11; for Forbush: Craig Mastantuono; Rebecca M. Coffee Issues: Whether the right to counsel under the Wisconsin Constitution prohibits the state from interrogating a represented individual once the state is aware of the representation Whether a suspect made an equivocal request for counsel during police questioning, thereby invoking his right… 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court of appeals decision (1-judge, not for publication) BiC; Resp.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 Carter: Melinda A. Swartz, SPD, Milwaukee Appellate; Resp. Br.; Reply Br. Ex Parte Judicial Questioning, Pretrial Proceeding Pretrial judicial questioning of a witness at return of a bench warrant worked deprivation of the defendant’s rights to counsel and presence at trial when the witness was subsequently impeached with statements she… 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
