State v. David Arredondo, 2004 WI App 7, PFR filed 1/22/04 For Arredondo: James A. Rebholz Issue:Whether the defendant’s explicit waiver of his right to testify was conditional (on the outcome of two defense witnesses) such that another colloquy should have been conducted; or, if the waiver is deemed binding, whether the trial court nonetheless erroneously… Read more
P. Testify on own behalf
State v. Patricia A. Weed, 2003 WI 85, affirming unpublished opinion of court of appeals For Weed: T. Christopher Kelly Issue/Holding: A defendant has a “fundamental” constitutional right to testify on his or her own behalf. ¶39. ¶43. Accordingly, in order to determine whether a criminal defendant is waiving his or her right to testify, a circuit court should… Read more
Due Process – Defendant’s Right to Testify, as Affected by Intent to Commit Perjury – Counsel’s Role
State v. Derryle S. McDowell, 2003 WI App 168, affirmed, 2004 WI 70, ¶¶42-47 For McDowell: Christopher J. Cherella Amici: Keith A. Findley, John T. Savee, John A. Pray, Frank Remington Center & WACDL Issue/Holding: The defendant’s right to testify does not include a right to testify falsely, Nix v. Whiteside, 475 U.S. 157 (1986): ¶37. From Nix, we derive five principles that… Read more
