State v. Robert L. Tatum, Case No. 2011AP2439-CR, District 1, 1/29/13; court of appeals decision (not recommended for publication); case activity Denial of right to self-representation – competence to represent oneself The circuit court properly denied Tatum the right to represent himself based on his limited education and understanding of legal procedures, as evidenced by… Read more
3. Forfeiture/waiver
State v. Dennis C. Strong, Jr., 2012AP1204-CR, District 3, 11/30/12 court of appeals decision (1-judge, ineligible for publication); case activity The trial court undertook an appropriate colloquy with Strong before allowing him to waive counsel and represent himself, leading to guilty pleas. The court thus rejects his claim that his pleas were premised on a… Read more
State v. Anthony S. Irving, 2011AP1908-CR, District 2, 8/8/12 court of appeals decision (not recommended for publication); case activity A defendant has a constitutional right to self-representation, State v. Imani, 2010 WI 66, ¶20, 326 Wis. 2d 179, 786 N.W.2d 40, but it must be triggered by a “clear and unequivocal” request for self-representation, State v. Darby… Read more
State v. Dragisa Pavlovic, 2011AP2687-CR, District 2, 8/1/12 court of appeals decision (1-judge, ineligible for publication); case activity Pavlic’s waiver of counsel so that he could represent himself at trial satisfied State v. Klessig, 211 Wis. 2d 194, 564 N.W.2d 716 (1997). ¶8 As a precautionary measure, the trial court granted Pavlovic a Klessig evidentiary hearing. We conclude the trial court’s… Read more
on review of unpublished court of appeals decision; for Gracia: Tracey A. Wood; case activity Warrantless Entry – Community Caretaker / OWI Enhancer – Collateral Attack Issues (Composed by On Point): Whether the community caretaker doctrine supported entry into Gracia’s bedroom after the police linked him to a serious traffic accident. Whether Gracia’s waiver of counsel in a prior… Read more
State v. Casey D. Schwandt, 2011AP2301-CR, District 2, 5/16/12 court of appeals decision (1-judge, not for publication); for Schwandt: Erik C. Johnson; case activity Schwandt made a prima facie showing that he did not validly waive counsel in a 1997 OWI conviction used as a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State v. Traci L. Scott, 2011AP2115-CR, District 2, 3/21/12 court of appeals decision (1-judge, not for publication); for Scott: Rex Anderegg; case activity The court rejects Scott’s challenge to a prior OWI conviction, concluding that she aware of the range of punishments,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
