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d. Substitute counsel

A stitch in time saves nine

State v. Marcus Demond Anderson, Sr., 2018AP2016-CR, District 1, 10/8/19 (not recommended for publication); case activity (including briefs) At the start of his sentencing hearing Anderson lodged a complaint against his lawyer, which the judge blithely ignored. (¶¶2-4). Do over, says the court of appeals. ¶8     “[A] circuit court’s exercise of discretion is… Read More

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Fond du Lac County v. S.R.H., 2018AP1088-FT, 10/17/18, District 2 (1-judge opinion, eligible for publication); case activity At the beginning of a Chapter 51 extension hearing, S.R.H. told the court that he wanted to fire his attorney, and he asked for a new one. When that failed, he asked the court “Your honor, could I… Read More

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State v. Anthony Donte Dixon, 2017AP2221-2222-CR, 6/5/18, District 1 (1-judge opinion, eligible for publication); case activity Dixon wasn’t happy with his trial lawyer. They hadn’t communicated before the final pre-trial conference. When they did communicate, Dixon told his lawyer that he wanted him to contact several alibi witnesses and provided their names and numbers. Two… Read More

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State v. Michael Steel, Jr., 2016AP796-CR, District 3, 2/7/17 (one-judge decision; ineligible for publication); case activity (including briefs) The circuit court didn’t erroneously exercise its discretion in denying Steel’s requests for a new lawyer and an adjournment on the morning of trial. Steel, charged with obstructing an officer as a repeat offender, sought to replace… Read More

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State v. Rodney Washington, 2012AP1015-CR, District 1, 3/26/13; court of appeals decision (not recommended for publication); case activity Statute of limitations, § 939.74(1) — sufficiency of “John Doe” complaint’s identification of defendant for purposes of tolling statute of limitations The crimes in this case—sexual assault and robbery—were alleged to have occurred in 1994 and 1995… Read More

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State v. Jose O. Gonzalez-Villarreal, 2012 WI App 110 (recommended for publication); case activity Counsel (Michael J. Knoeller) was present while the police interrogated, and elicited incriminating responses from, his client, Gonzalez-Villarreal. G-V didn’t speak English, and Knoeller doubled as interpreter. The state issued charges, and Knoeller continued to represent G-V. However, the state moved… Read More

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State v. James E. Emerson, 2011AP1028-CR, District 3, 6/26/12 court of appeals decision (not recommended for publication); case activity Counsel – Substitute  Given findings made by the lower court after an evidentiary hearing, the court of appeals upholds denial of counsel’s motion to withdraw: counsel was prepared for trial; “(t)his was a dilatory tactic by the defendant,”… Read More

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Docket Lower court decision: Clair v. Ayers, 9th Cir. Nos. 05-99005, 08-75135, 11/17/10 Question Presented: At the end of ten years of capital federal habeas corpus proceedings in the district court, respondent suddenly complained about and sought replacement of his court-appointed public defender with a new appointed lawyer. The district court refused, explaining that “it appears Petitioner’s… Read More

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