State v. Jonathan M. Reynolds, 2011AP512-CR, District 4, 8/11/11 court of appeals decision (1-judge, not for publication); for Reynolds: Steven Cohen; case activity Reynolds collateral attack on a prior OWI conviction (on the ground waiver of counsel was ineffectual because he didn’t know the potential range of penalties) is rejected. Basic procedure discussed and applied… Read more
B. Assertion/waiver of right
State v. Kenneth A. Hudson, 2010AP166-CR, District 3, 8/2/11 court of appeals decision (not recommended for publication); for Hudson: James A. Rebholz; case activity By rejecting and failing to cooperate with appointed counsel, after being warned of the consequence, Hudson forfeited his right to representation at trial. ¶27 In accordance with Cummings, Hudson was repeatedly warned by… Read more
Docket Lower court decision: Clair v. Ayers, 9th Cir. Nos. 05-99005, 08-75135, 11/17/10 Question Presented: At the end of ten years of capital federal habeas corpus proceedings in the district court, respondent suddenly complained about and sought replacement of his court-appointed public defender with a new appointed lawyer. The district court refused, explaining that “it appears Petitioner’s… Read more
Sheboygan County DH&HS v. Wesley M., No. 2010AP2946, District 2, 6/15/11 court of appeals decision (1-judge, not for publication); for Wesley M.: Leonard D. Kachinsky; case activity ¶7 A parent is entitled to the effective assistance of counsel in termination of parental rights proceedings, and the applicable standards are those which apply in criminal cases… Read more
7th circuit court of appeals decision Counsel, of Own Choosing By arbitrarily refusing to grant Sellers a continuance so he could retain counsel of his own choosing, the district court violated his 6th amendment right to counsel, a structural error requiring reversal without considering possible prejudice. The facts are a bit extreme – Sellers thought he was… 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
State v. Brad E. Forbush, 2011 WI 25, reversing 2010 WI App 11; for Forbush: Craig A. Mastantuono, Rebecca M. Coffee; amicus: Colleen D. Ball, SPD, Milwaukee Appellate; case activity Forbush’s 6th amendment right to counsel had already attached – because a criminal complaint had been filed – and he had retained counsel before officers began interrogating him on… Read more
State v. Lee Alexander Brown, 2010AP970, District 1, 2/1/11 court of appeals decision (3-judge, not recommended for publication); for Brown: Russell D. Bohach; case activity; Brown BiC; State Resp. The court holds that Brown knowingly, intelligently and voluntarily waived his right to counsel at trial on his sexually violent person petition. Although there is a question as to… Read more
