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A. Right to counsel

State v. Jack M. Suriano, 2017 WI 42, affirming an unpublished court of appeals opinion, 2015AP959-CR; case activity (including posts) In Wisconsin, a defendant can lose his or her right to counsel in two ways: waiver and forfeiture. Waiver is voluntary and requires a colloquy with the defendant. Forfeiture does not. Three different attorneys accepted… Read More

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State v. Elbe, 2016AP2012-2013, 1/26/17, District 4 (1-judge opinion; ineligible for publication); case activity (including briefs) The Elbes were charged with disorderly conduct back in 1996. They requested the appointment of counsel, but the trial court found that they were not indigent.  This caused them to plead no contest. Twenty years later they moved to… Read More

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Review of an unpublished court of appeals decision; case activity (including briefs) Issue (composed by On Point) Did the circuit court err in holding that Suriano forfeited his Sixth Amendment right to counsel after three appointed attorneys withdrew from representing him because the court did not warn Suriano that forfeiture was a possibility and did not advise Suriano of the difficulties and dangers… Read More

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Joseph J. Jordan v. Randall R. Hepp, 7th Circuit Court of Appeals No. 14-3613, 2016 WL 4119862, 8/3/16 Jordan claims the Wisconsin courts unreasonably applied clearly established federal law when they held that he was not denied the right to represent himself and that his trial lawyer was not ineffective for failing to object to… Read More

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Rashaad A. Imani v. William Pollard, 7th Circuit Court of Appeals No. 14-3407, 2016 WL 3434673, 6/22/16 Imani tried to exercise his right to self-representation under Faretta v. California, 422 U.S. 806 (1975), but the Wisconsin trial judge prevented him from doing so. In State v. Imani, 2010 WI 66, 326 Wis. 2d 179, 786 N.W.2d… Read More

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Sila Luis v. United States, USSC No. 14-419, 2016 WL 1228690 (March 30, 2016), vacating and remanding U.S. v. Luis, 564 Fed. Appx. 493 (11th Cir. 2014) (per curiam) (unpublished); Scotusblog page (including links to briefs and commentary) The question presented in this case is whether the pretrial restraint of a criminal defendant’s legitimate, untainted assets—that is… Read More

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Multiple challenges to OWI 1st rejected

State v. Joseph William Netzer, 2015AP213, District 4, 10/29/15 (one-judge decision; ineligible for publication); case activity ¶1     …. Netzer argues on appeal that he received ineffective assistance of counsel, was denied his constitutional right to a jury trial, and that the results of his blood tests were impermissibly admitted into evidence. We conclude… Read More

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State v. Ennis Lee Brown, 2015AP522-CR, District 1, 10/9/15 (not recommended for publication); case activity (including briefs) The 14½-month delay in trying Brown didn’t violate his right to a speedy trial, as “all of the delays are attributable to the defense, and most are attributable to Brown’s poor behavior and inability to work with his… Read More

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