State v. Anthony L. Prineas, 2009 WI App 28, PFR filed 3/6/09 Prineas: Raymond M. Dall’osto, Kathryn A. Keppel Issue/Holding: ¶14 In United States v. Gonzalez-Lopez, 548 U.S. 140 (2006), the U.S. Supreme Court explained that the right to counsel derived from the Sixth Amendment includes “the right of a defendant who does not require… Read more
B. Assertion/waiver of right
State v. Todd E. Peterson, 2008 WI App 140 For Peterson: Ralph Sczygelski Issue/Holding: ¶7 … In United States v. Gonzalez-Lopez, 548 U.S. 140 (2006), the Supreme Court explained that the right to counsel derived from the Sixth Amendment includes “the right of a defendant who does not require appointed counsel to choose who will… Read more
State v. Todd E. Peterson, 2008 WI App 140 For Peterson: Ralph Sczygelski Issue/Holding: A defendant has a 6th amendment-based right to retained postconviction counsel of choice: ¶9 The State correctly counters that Miller and Gonzalez-Lopez involved the right to counsel of choice at trial. Here, Peterson was postconviction, at a Machner proceeding. … ¶10 … Read more
State v. Alvernest Floyd Kennedy, 2008 WI App 186 Pro se Issue/Holding: Defendant did not satisfy his burden of proving indigency, for purposes of invoking inherent judicial authority to appoint counsel, where he failed to submit information regarding attempts to retain counsel as well as information relative to rental property, ¶18… Read more
State v. Alvernest Floyd Kennedy, 2008 WI App 186 Pro se Issue/Holding: ¶27 We emphasize that the procedures set forth in Dean by this court suggest that the inherent power of the circuit court shall be exercised to cover situations where a defendant cooperated with the SPD’s financial analysis, was found not to be indigent… Read more
State v. Alvernest Floyd Kennedy, 2008 WI App 186 Pro se Issue/Holding1: ¶11 Kennedy argues that the trial court failed to properly review the SPD’s determination that he did not qualify for the appointment of counsel. In reviewing this issue, the trial court’s findings of fact will not be overturned unless clearly erroneous. See id… Read more
State v. Dwight Glen Jones, 2007 WI App 248 For Jones: Ellen Henak, SPD, Milwaukee Appellate Issue/Holding: ¶13 Although an indigent defendant does not have the right to pick his or her trial lawyer, Mulkovich v. State, 73 Wis. 2d 464, 474, 243 N.W.2d 198, 203–204 (1976) (“This court has frequently said that, except in… Read more
State ex rel. Perry Van Hout v. Endicott, 2006 WI App 196, PFR filed 10/11/06 For Van Hout: Robert R. Henak Issue: Whether Van Hout waived his right to appellate counsel where he rejected counsel’s offer of a no-merit report and then, after having been warned of the dangers of proceeding pro se, chose neither… Read more
