State v. Gabriel Griffin, 2012AP2631-CR, District 1, 7/30/13; court of appeals decision (1-judge; ineligible for publication); case activity Agreeing with State v. Gerondale, 2009AP1237-CR and 2009AP1238-CR (Wis. Ct. App Nov. 3, 2009) (unpublished), and State v. Ash, No. 2012AP381-CR (Wis. Ct. App. Aug. 15, 2012) (unpublished), that there is a conflict in § 973.01 which affects the structure of… Read more
B. Assertion/waiver of right
State v. Rodney Washington, 2012AP1015-CR, District 1, 3/26/13; court of appeals decision (not recommended for publication); case activity Statute of limitations, § 939.74(1) — sufficiency of “John Doe” complaint’s identification of defendant for purposes of tolling statute of limitations The crimes in this case—sexual assault and robbery—were alleged to have occurred in 1994 and 1995… Read more
State v. Robert L. Tatum, Case No. 2011AP2439-CR, District 1, 1/29/13; court of appeals decision (not recommended for publication); case activity Denial of right to self-representation – competence to represent oneself The circuit court properly denied Tatum the right to represent himself based on his limited education and understanding of legal procedures, as evidenced by… Read more
State v. Dennis C. Strong, Jr., 2012AP1204-CR, District 3, 11/30/12 court of appeals decision (1-judge, ineligible for publication); case activity The trial court undertook an appropriate colloquy with Strong before allowing him to waive counsel and represent himself, leading to guilty pleas. The court thus rejects his claim that his pleas were premised on a… Read more
State v. Jose O. Gonzalez-Villarreal, 2012 WI App 110 (recommended for publication); case activity Counsel (Michael J. Knoeller) was present while the police interrogated, and elicited incriminating responses from, his client, Gonzalez-Villarreal. G-V didn’t speak English, and Knoeller doubled as interpreter. The state issued charges, and Knoeller continued to represent G-V. However, the state moved… Read more
State v. Anthony S. Irving, 2011AP1908-CR, District 2, 8/8/12 court of appeals decision (not recommended for publication); case activity A defendant has a constitutional right to self-representation, State v. Imani, 2010 WI 66, ¶20, 326 Wis. 2d 179, 786 N.W.2d 40, but it must be triggered by a “clear and unequivocal” request for self-representation, State v. Darby… Read more
State v. Dragisa Pavlovic, 2011AP2687-CR, District 2, 8/1/12 court of appeals decision (1-judge, ineligible for publication); case activity Pavlic’s waiver of counsel so that he could represent himself at trial satisfied State v. Klessig, 211 Wis. 2d 194, 564 N.W.2d 716 (1997). ¶8 As a precautionary measure, the trial court granted Pavlovic a Klessig evidentiary hearing. We conclude the trial court’s… Read more
State v. James E. Emerson, 2011AP1028-CR, District 3, 6/26/12 court of appeals decision (not recommended for publication); case activity Counsel – Substitute Given findings made by the lower court after an evidentiary hearing, the court of appeals upholds denial of counsel’s motion to withdraw: counsel was prepared for trial; “(t)his was a dilatory tactic by the defendant,”… Read more
