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A. Right to counsel

State v. Nelson Garcia, Jr., 2019 WI 40, 4/19/19; case activity (including briefs) ASPD Pam Moorshead briefed this appeal and argued it to SCOW less than two weeks ago. The lead issue was whether the Sixth Amendment right to counsel attaches upon the finding of probable cause and setting of bail by a court commissioner. Justice… Read More

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State v. Maries D. Addison, 2018AP55-57-CR, 3/26/19, District 1 (not recommended for publication); case activity (including briefs) The court of appeals agreed that the 17-month delay in bringing Addison to trial was presumptively prejudicial, but based on the unique facts of this case, it held that his speedy trial rights weren’t violated. Addison did a… Read More

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Scott Schmidt v. Brian Foster, 7th Circuit Court of Appeals No. 17-1727, 12/20/18, reversing panel decision of 5/29/18 Schmidt, as we discussed in our post on the Seventh Circuit’s (now reversed) habeas grant, was summoned into chambers and questioned by the judge about the testimony he wanted to give in his defense. His lawyer was… Read More

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State v. Nelson Garcia, Jr., 2016AP1276-CR, petition for review of an unpublished court of appeals decision granted 12/12/18; case activity (including briefs) Issues (from the petition for review) Does the Sixth Amendment right to counsel attach upon the finding of probable cause and setting of bail by a court commissioner? Was the line-up impermissibly suggestive… 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. Sandra D. Solomon, 2018AP298-CR, 9/25/18, District 1 (1-judge opinion, ineligible for publication); case activity (including briefs) Solomon sought plea withdrawal arguing that the circuit court had denied her request to represent herself and insisted on proceeding with the scheduled trial date, so her newly-retained lawyer was not prepared to defend her. The court… Read More

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State v. Terrance Lavone Egerson, 2018 WI App 49; case activity (including briefs) Egerson told the trial court that his lawyer was “totally deficient” and declared a “total breakdown in communication.” The trial court agreed to let Egerson have a new lawyer, but as the parties and the court discussed logistics, he said: “let me… Read More

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Scott Schmidt v. Brian Foster, 7th Circuit Court of Appeals No. 17-1727, 5/29/18, reversing Schmidt v. Pollard, No. 13-CV-1150 (E.D. Wis. Mar. 20, 2017); reversed en banc 12/20/18 A criminal defendant is entitled to counsel at all “critical stages” of the case. You probably think that a hearing, before a murder trial, that determines whether… Read More

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