State v. Christopher M. Medina, 2006 WI App 76 For Medina: Daniel P. Ryan Issue/Holding: ¶33 The circuit court here accepted the district attorney’s testimony that he did not remember any conversation with Medina during the prior representation. It also found that the district attorney did not refer to any information at sentencing from the… Read more
C. Conflict of Interest
State v. Dion W. Demmerly, 2006 WI App 181, PFR filed 9/11/06 For Demmerly: Edward J. Hunt Issue/Holding: A trial court may, but is not required to, override a defendant’s waiver of the right to conflict-free representation, and in this instance the trial court properly questioned the defendant and ascertained that he was knowingly and voluntarily waiving… Read more
State v. Dion W. Demmerly, 2006 WI App 181, PFR filed 9/11/06 For Demmerly: Edward J. Hunt Issue/Holding: ¶15 Dion contends that he was denied effective assistance of counsel because his counsel’s law firm also represented his co-defendant brother Douglas. … While there is no Wisconsin case law directly on point, the State cites federal cases… Read more
State v. Peter G. Tkacz, 2002 WI App 281, PFR filed 11/14/02 For Tkacz: Mark S. Rosen Issue: Whether the prosecutor’s prior representation of the defendant in a civil forfeiture worked a disqualifying conflict of interest. Holding: The standard for analyzing the existence of a conflict of interest (raised before trial) in serial representation is the “substantial… Read more
Guerrero v. Cavey, 2000 WI App 203, 238 Wis.2d 449, 617 N.W.2d 849 Issue: Whether a person adjudicated incompetent may waive her attorney’s conflict of interest. Holding: Because the client’s understanding of the attorney’s potentially divided loyalty is a necessary component of waiver of a conflict, and because no claim is made that the circuit… Read more
Guerrero v. Cavey, 2000 WI App 203, 238 Wis.2d 449, 617 N.W.2d 849 Issue: Whether an attorney’s dual representation of the subject of a guardianship and her son worked a conflict of interest. Holding: The two clients had competing interests, including the son’s desire to buy his mother’s house at below market value, and the… Read more
State v. David Kalk, 2000 WI App 62, 234 Wis. 2d 98, 608 N.W.2d 428 For Kalk: John A. Pray, UW Law School Issue: Whether the defendant satisfied his burden of showing an actual conflict of interest stemming from his prior representation by the prosecutor on an unrelated charge. Holding: Given the trial court’s findings… Read more
State v. Michael Love, 227 Wis.2d 60, 594 N.W.2d 806 (1999), reversing State v. Love 218 Wis.2d 1, 579 N.W.2d 277 (Ct. App. 1999) For Love: Philip J. Brehm. Holding: Love was represented at sentencing after revocation by an attorney who had been the prosecutor at the original sentencing, 20 months earlier; the attorney couldn’t remember appearing for… Read more
