State v. Sherwood A. Lebo, 2014AP730-CR, District 3, 4/7/15 (not recommended for publication); case activity (including briefs) Lebo failed to make a prima facie showing that his right to counsel was violated in two prior OWI proceedings because he didn’t point to specific facts demonstrating that he did not know or understand information that should have… Read more
8. Collateral attack on priors
City of Kaukauna v. Grant R. Loescher, 2014AP954, District 3, 11/4/14 (1-judge decision; ineligible for publication); case activity Loescher’s 1997 conviction for first-offense OWI is not void because it was properly counted as a first offense despite his OWI conviction in 1992. Loescher claimed his 1997 offense should have been charged as a criminal second-offense OWI because he had… Read more
State v. Andre Durand Reggs, 2013AP2367-CR, District 4, 7/3/14 (1-judge; ineligible for publication); case activity Applying State v. Ernst, 2005 WI 107, 283 Wis. 2d 300, 699 N.W.2d 92, the circuit court properly concluded that Reggs failed to make a prima facie showing that he did not knowingly, intelligently, and voluntarily waive the right to… Read more
State v. Casey D. Schwandt, 2013AP2775-CR, District 2, 4/23/14 (one judge; ineligible for publication); case activity Schwandt’s knowledge about both the role attorneys play and their specialized training showed he made a valid waiver of counsel in a prior OWI case, despite his claim he was unaware of what an attorney could do for him in the particular case… Read more
State v. Scott J. Stelzer, 2013AP1555-CR, District 2, 12/27/13 (1-judge decision; ineligible for publication), case activity After being convicted of his 3rd OWI offense, Stelzer moved to exclude his 2nd OWI (which occurred in 1996) from the calculation of his prior convictions on the grounds that he was not represented by counsel when he pled… Read more
State v. Glen G. Bowe, 2013AP238-CR, District 3, 9/17/13; court of appeals decision (1-judge; ineligible for publication); case activity The lack of any colloquy regarding Bowe’s waiver of his right to counsel when he pled in his prior OWI case does not by itself make the prima facie showing necessary for a collateral attack on… Read more
State v. Jaime M. Salomon, 2013AP577-CR, District 2, 8/21/13; court of appeals decision (1-judge; ineligible for publication); case activity Salomon collaterally attacked his second OWI conviction under State v. Ernst, 2005 WI 107, 283 Wis. 2d 300, 699 N.W.2d 92, arguing his waiver of counsel in the case was invalid because he was not aware… Read more
Clark County v. Rex A. Potts, 2012AP2001, District 4, 3/28/13; court of appeals decision (1-judge, ineligible for publication); case activity Potts’s 1996 conviction for OWI in violation of a county ordinance is void and must be vacated because defendant had prior convictions for operating while intoxicated—even though Potts did not move to vacate the judgment… Read more
