State v. Derryle S. McDowell, 2004 WI 70, affirming 2003 WI App 168, 266 Wis. 2d 599, 669 N.W.2d 204 For McDowell: Christopher J. Cherella Amici: Keith A. Findley, John A. Pray, Frank Remington Center & WACDL Issue/Holding: ¶66. The final issue we consider is whether the circuit court erred in failing to permit McDowell… Read more
B. Assertion/waiver of right
State v. Paul L. Polak, 2002 WI App 120, PFR filed 5/3/02 For Polak: Philip J. Brehm Issue/Holding: ¶15. When an adequate colloquy is not conducted, and the defendant makes a motion for a new trial or other postconviction relief from the trial court’s judgment, the court must hold an evidentiary hearing on whether the… Read more
State v. Paul L. Polak, 2002 WI App 120, PFR filed 5/3/02 For Polak: Philip J. Brehm Issue/Holding: A defendant need not be produced for a postconviction hearing where there are no substantial issues of fact to resolve. ¶22… Read more
State v. Jose Nieves-Gonzalez, 2001 WI App 90, 242 Wis. 2d 782, 625 N.W.2d 913 Issue: Whether the trial court incorrectly applied federal poverty guidelines in refusing to appoint counsel at county expense, after the defendant failed to qualify under public defender standards. Holding: Although federal poverty guidelines are not necessarily conclusive, they should be… Read more
Juneau County DHS v. James B., 2000 WI App 86, 234 Wis. 2d 406, 610 N.W.2d 144 For Appellant; James L. Boardman; Chris R. Velnetske Issue: Whether judicial appointment of counsel in a CHIPS case necessarily terminates after disposition, or may be continued for appeal. Holding: Judicial appointment of counsel in a CHIPS case doesn’t… Read more
In re Paternity of Roberta Jo W.: Roberta Jo W. v. Leroy W., 218 Wis.2d 225, 578 N.W.2d 185 (1998), on certification. Holding: The second issue is whether the circuit court erred in terminating court-appointed counsel upon the filing of a notice of appeal. We hold that after a notice of appeal was filed, the… Read more
