State v. Jason L. Decorah, 2011AP662-CR, District 4, 12/8/11 court of appeals decision (1-judge, not for publication); for Decorah: Corey C. Chirafisi; case activity Collateral attack on a prior OWI used as a current enhancer, on the ground Decorah didn’t understand the range of penalties therefore didn’t validly waive counsel. Decorah prevailed below, and the court… Read more
A. Right to counsel
State v. Joel D. Rhodes, 2011 WI App 145; for Rhodes: Chris L. Hartley; case activity Self-Representation – Adequacy of Waiver of Right to Counsel The trial court undertook a valid waiver of counsel, pursuant to State v. Klessig, 211 Wis. 2d 194, 206, 564 N.W.2d 716 (1997): ¶18 We reject Rhodes’s claim. The circuit court conducted a colloquy with Rhodes that… Read more
Kevin G. v. Jennifer M. S., 2009AP1377, District 4, 8/17/11 court of appeals decision (1-judge, not for publication); for Jennifer M.S.: Susan E. Alesia, SPD, Madison Appellate; case activity Evidence held sufficient to support termination for failure to assume parental responsibility, § 48.415(6)(a), applying “totality-of-the-circumstances test” where “the fact-finder should consider any support or care, or lack thereof, the… Read more
State v. Francine T., 2010AP3140 / State v. Emilano M., 2010AP2596, District 1, 8/3/11 court of appeals decision (1-judge, not for publication); for Francine T.: Theresa J. Schmieder; for Emilano M.: Brian C. Findley; case activity ¶17 Francine and Emiliano argue that the trial court lacked competence [5] to enter the June 2, 2010 TPR order because it did… 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Sheboygan County DH&HS v. Wesley M., No. 2010AP2946, District 2, 6/15/11 court of appeals decision (1-judge, not for publication); for Wesley M.: Leonard D. Kachinsky; case activity ¶7 A parent is entitled to the effective assistance of counsel in termination of parental rights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
Michael D. Turner v. Rogers, USSC No. 10-10, 6/20/11 Appellate Procedure – Mootness Doctrine Turner’s appeal – he challenges denial of appointed counsel in a civil contempt proceeding but has fully served the resultant 12-month sentence – isn’t moot: The short, conclusive answer to respondents’ mootness claim, however, is that this case is not moot… 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State v. Lee Alexander Brown, 2010AP970, District 1, 2/1/11 court of appeals decision (3-judge, not recommended for publication); for Brown: Russell D. Bohach; case activity; Brown BiC; State Resp.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
State v. Richard A. Wusterbarth, 2010AP1306-CR, District 3, 2/1/11 court of appeals decision (1-judge, not for publication); for Wusterburth: Eileen A Hirsch, SPD, Madison Appellate; case activity; Wusterburth BiC; State Resp.; Reply The complaint established probable cause for obstructing, § 946.41(1), by alleging that Wusterburth made a false report to the police that a neighbor… Read more
