State v. Demetrius M. Boyd, 2011 WI App 25; for Boyd: Rebecca Robin Lawnicki; case activity; Boyd BiC; State Resp.; Reply Request for New Counsel An indigent defendant doesn’t have the right to counsel of choice, but does have the right to counsel with whom he or she can communicate effectively. When an indigent defendant… Read more
B. Assertion/waiver of right
State v. Kenneth B. Bonner, 2010AP1414-CR, District 1, 12/28/10 court of appeals decision (1-judge, not for publication); for Bonner: Dennis P. Coffey; case activity; Bonner BiC; State Resp. Counsel – Waiver The trial court’s waiver colloquy omitted two required components: assurance that the defendant made a deliberate choice to proceed without counsel, and was aware… Read more
State v. Randall L. Wegener, 2010AP452-CR, District 1, 8/18/10 court of appeals decision (1-judge, not for publication); for Wegener: Kirk B. Obear; BiC; Resp. Reasonable Suspicion – Traffic Stop Inclement winter weather didn’t obviate the need to stay within the proper lane, such that crossing the center line, even briefly a few times, provided reasonable… Read more
State v. Dwight Glen Jones, 2010 WI 72, affirming unpublished opinion; for Jones: Ellen Henak, SPD, Milwaukee Appellate; BiC; Resp.; Reply ¶43 The issues presented are first, whether Jones is entitled to a new trial on the grounds that the circuit court wrongly denied his request for substitution of counsel, and second, whether he is… Read more
State v. Rashaad A. Imani, 2010 WI 66, reversing 2009 WI App 98;habeas relief granted 6/22/16; for Imani: Basil M. Loeb; BiC; Resp.; Reply ¶3 We conclude that the circuit court properly denied Imani’s motion to represent himself. First, we determine that Imani did not knowingly, intelligently, and voluntarily waive the right to counsel. The circuit… Read more
court of appeals decision (3-judge, not recommended for publication); for Henry: Martin E. Kohler, Craig S. Powell; BiC; Resp.; Reply Counsel – Request for Substitute Trial court denial of request for new counsel is a discretionary determination, reviewed deferentially under the factors set forth in State v. Lomax, 146 Wis. 2d 356, 432 N.W.2d 89… Read more
State v. Carl Davis Brown, Jr., 2009 WI App 169 For Brown: Paul G. Bonneson For SPD: Colleen D. Ball, Milwaukee Appellate Issue/Holding: ¶7 The statutes referenced in Wis. Stat. Rule 809.32(1)(a), relate to the appointment of counsel by the state public defender. Thus, pursuant to Rule 809.32(1)(a), an attorney appointed by the state public… Read more
State v. Anthony L. Prineas, 2009 WI App 28, PFR filed 3/6/09 Prineas: Raymond M. Dall’osto, Kathryn A. Keppel Issue/Holding: Trial court refusal to allow Prineas to substitute one retained counsel for another absent “an extraordinary reason,” where substitution would necessitate continuance of the scheduled trial over objection of the complainant and her family, upheld… Read more
