B. Assertion/waiver of right

State v. Casey D. Schwandt, 2011AP2301-CR, District 2, 5/16/12 court of appeals decision (1-judge, not for publication); for Schwandt: Erik C. Johnson; case activity Schwandt made a prima facie showing that he did not validly waive counsel in a 1997 OWI conviction used as a penalty enhancer. General Principles. ¶5        A defendant may collaterally attack a prior… Read more

State v. Traci L. Scott, 2011AP2115-CR, District 2, 3/21/12 court of appeals decision (1-judge, not for publication); for Scott: Rex Anderegg; case activity The court rejects Scott’s challenge to a prior OWI conviction, concluding that she aware of the range of punishments, dangers of self-representation, etc. General test recited: ¶2        A defendant facing an enhanced sentence… Read more

court of appeals decision (1-judge, not for publication); for Gracia: Tracey A. Wood; case activity; petition for review granted 5/14/12 Warrantless Entry – Community Caretaker  Entry into Gracia’s bedroom by police, who had linked him to a serious traffic accident, was justified by the community caretaker doctrine; State v. Ultsch, 2011 WI App 17, 331 Wis. 2d… Read more

State v. Jason L. Decorah, 2011AP662-CR, District 4, 12/8/11 court of appeals decision (1-judge, not for publication); for Decorah: Corey C. Chirafisi; case activity Collateral attack on a prior OWI used as a current enhancer, on the ground Decorah didn’t understand the range of penalties therefore didn’t validly waive counsel. Decorah prevailed below, and the court… Read more

State v. Jeffrey Steinhorst, 2011AP1360-CR, District 4, 11/23/11 court of appeals decision (1-judge, not for publication); for Steinhorst: Steven Cohen; case activity Steinhorst made a prima facie showing that he did not validly waive counsel in a prior OWI case; therefore, he is entitled to a hearing at which the State must prove proper waiver… Read more

State v. Joel D. Rhodes, 2011 WI App 145; for Rhodes: Chris L. Hartley; case activity Self-Representation – Adequacy of Waiver of Right to Counsel  The trial court undertook a valid waiver of counsel, pursuant to State v. Klessig, 211 Wis. 2d 194, 206, 564 N.W.2d 716 (1997): ¶18      We reject Rhodes’s claim.  The circuit court conducted a colloquy with Rhodes that… Read more

Kevin G. v. Jennifer M. S., 2009AP1377, District 4, 8/17/11 court of appeals decision (1-judge, not for publication); for Jennifer M.S.: Susan E. Alesia, SPD, Madison Appellate; case activity Evidence held sufficient to support termination for failure to assume parental responsibility, § 48.415(6)(a), applying “totality-of-the-circumstances test” where “the fact-finder should consider any support or care, or lack thereof, the… Read more