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12. Counsel, waiver of right

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State v. Joseph P. DeFilippo, 2005 WI App 213 For DeFilippo: Leonard D. Kachinsky Issue/Holding: To be valid, waiver of right to counsel in criminal trial proceeding must be supported by adequate record, ¶5 (citing State v. Klessig, 211 Wis. 2d 194, 203-04, 564 N.W.2d 716 (1997)). Where, as here, the record fails to make such a… Read More

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State v. Paul L. Polak, 2002 WI App 120, PFR filed 5/3/02 For Polak: Philip J. Brehm Issue/Holding: ¶15. When an adequate colloquy is not conducted, and the defendant makes a motion for a new trial or other postconviction relief from the trial court’s judgment, the court must hold an evidentiary hearing on whether the… Read More

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State v. Paul L. Polak, 2002 WI App 120, PFR filed 5/3/02 For Polak: Philip J. Brehm Issue/Holding: A defendant need not be produced for a postconviction hearing where there are no substantial issues of fact to resolve. ¶22… Read More

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