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7. Self-Representation

State v. Ennis Lee Brown, 2015AP522-CR, District 1, 10/9/15 (not recommended for publication); case activity (including briefs) The 14½-month delay in trying Brown didn’t violate his right to a speedy trial, as “all of the delays are attributable to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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Wayne Kubsch v. Ron Neal, 7th Circuit Court of Appeals No. 14-1898, 8/12/15 After being convicted of murdering his wife, her son, and her ex-husband, Kubsch was sentenced to death. He challenged his conviction and sentence in a federal habeas proceeding on three grounds: (1) the Indiana trial court excluded evidence of a witness’s exculpatory hearsay… Read More

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Laderian McGhee v. Michael A. Dittmann, 7th Circuit Court of Appeals No. 14-1763, 7/22/15 The Wisconsin Court of Appeals reasonably applied federal law in rejecting McGhee’s claim that he was denied the right to self-representation under Faretta v. California, 422 U.S. 806 (1975). McGhee tried to discharge his trial lawyer on the morning of trial… Read More

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State v. Andrew L. Jackson, 2015 WI App 45; case activity (including briefs) The standard established under State v. Klessig, 211 Wis. 2d 194, 564 N.W.2d 716 (1997), for determining a defendant’s competency to represent himself does not violate Indiana v. Edwards, 554 U.S. 164 (2008), the court of appeals holds. The court also affirms… Read More

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State v. Joseph Jordan, 2011AP1249, District 1, 6/25/13; case activity; (not recommended for publication). What a challenging case.  A jury convicted Jordan of first-degree reckless homicide and other crimes.  He lost his direct appeal and then filed a pro se §974.06 motion requesting various forms of relief, including a new trial based on: (a) newly-discovered evidence, and (b) ineffective assistance of counsel… 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State v. Rodney Washington, 2012AP1015-CR, District 1, 3/26/13; court of appeals decision (not recommended for publication); case activity Statute of limitations, § 939.74(1) — sufficiency of “John Doe” complaint’s identification of defendant for purposes of tolling statute of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. Robert L. Tatum, Case No. 2011AP2439-CR, District 1, 1/29/13; court of appeals decision (not recommended for publication); case activity Denial of right to self-representation – competence to represent oneself The circuit court properly denied Tatum the right to represent himself based on his limited education and understanding of legal procedures, as evidenced by… Read More

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State v. Dennis C. Strong, Jr., 2012AP1204-CR, District 3, 11/30/12 court of appeals decision (1-judge, ineligible for publication); case activity The trial court undertook an appropriate colloquy with Strong before allowing him to waive counsel and represent himself, leading to guilty pleas. The court thus rejects his claim that his pleas were premised on a… Read More

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