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1. Appointment of counsel

State v. Nhia Lee, 2019AP221-CR, petition dismissed as improvidently granted, 5/24/22; case activity (including briefs) SCOW presumably took this case in order to address one or both of these issues: (1) whether a circuit court must appoint counsel at the county’s expense when the SPD is unable to do so within 10 days of the… Read more

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State v. Nhia Lee, 2019AP221-CR, petition for review granted 5/19/21; case activity (including briefs) Issues: Whether a circuit court is required to appoint counsel at the county’s expense when the SPD is unable to do so within 10 days of the defendant’s initial appearance? Whether Lee’s rights to due process, to counsel, and to a… Read more

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State v. Nhia Lee, 2021 WI App 12, case activity (including briefs) This is an important decision for areas of Wisconsin where there is a shortage of defense lawyers. In 2018, when the private bar rate was $40, Lee was charged with felonies in Marathon County and then held for 101 days without counsel while… Read more

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A stitch in time saves nine

State v. Marcus Demond Anderson, Sr., 2018AP2016-CR, District 1, 10/8/19 (not recommended for publication); case activity (including briefs) At the start of his sentencing hearing Anderson lodged a complaint against his lawyer, which the judge blithely ignored. (¶¶2-4). Do over, says the court of appeals. ¶8     “[A] circuit court’s exercise of discretion is… Read more

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Fond du Lac County v. S.R.H., 2018AP1088-FT, 10/17/18, District 2 (1-judge opinion, eligible for publication); case activity At the beginning of a Chapter 51 extension hearing, S.R.H. told the court that he wanted to fire his attorney, and he asked for a new one. When that failed, he asked the court “Your honor, could I… Read more

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State v. Anthony Donte Dixon, 2017AP2221-2222-CR, 6/5/18, District 1 (1-judge opinion, eligible for publication); case activity Dixon wasn’t happy with his trial lawyer. They hadn’t communicated before the final pre-trial conference. When they did communicate, Dixon told his lawyer that he wanted him to contact several alibi witnesses and provided their names and numbers. Two… Read more

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State v. Michael Steel, Jr., 2016AP796-CR, District 3, 2/7/17 (one-judge decision; ineligible for publication); case activity (including briefs) The circuit court didn’t erroneously exercise its discretion in denying Steel’s requests for a new lawyer and an adjournment on the morning of trial. Steel, charged with obstructing an officer as a repeat offender, sought to replace… Read more

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State v. Elbe, 2016AP2012-2013, 1/26/17, District 4 (1-judge opinion; ineligible for publication); case activity (including briefs) The Elbes were charged with disorderly conduct back in 1996. They requested the appointment of counsel, but the trial court found that they were not indigent.  This caused them to plead no contest. Twenty years later they moved to… Read more

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