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H. Presence of litigant

State v. Michael L. Washington, 2018 WI 3, 1/9/18, affirming a published court of appeals decision; case activity (including briefs) The supreme court determines that, despite the absence of any colloquy, a defendant who was not present for his trial waived his statutory right to be there. As we noted in our prior post on… Read More

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Review of a published court of appeals decision; case activity (including briefs) Issue: Whether a defendant may, by voluntary absence or other conduct, waive the statutory right to be present at trial before the trial has begun? As explained in our post on the court of appeals decision, Washington complained to the trial court about… Read More

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Right to be present at trial waived

State v. Michael L. Washington, 2017 WI App 6, petition for review granted 4/10/17, affirmed, 2018 WI 3; case activity (including briefs) Michael Washington was set to go on trial for burglary and obstructing an officer. On the morning of the first day of trial, before voir dire, Washington began complaining about his attorney, engaged in a contentious… Read More

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State v. Alexander, 2013 WI 70, affirming an unpublished court of appeals decision, 2011AP394-CR; case activity; majority opinion by Justice Gableman; concurrences by Justice Crooks (joined by Chief Justice Abrahmason and Justice Bradley), Justice Ziegler, and separately by Chief Justice Abrahamson. This decision is alarming.  During Alexander’s 1st-degree intentional homicide trial, concerns surfaced about whether… Read More

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State v. Jacob Turner, 2013 WI App 23;  case activity Addressing an unusual set of facts, the court of appeals holds Turner’s constitutional rights to an impartial jury and due process were not violated by the seating of a juror who had not been summoned for service and who did not disclose that to the… Read More

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on review of unpublished decision; case activity Issues (composed by On Point)  1. Whether the non-waivable nature of the defendant’s right to personal presence at voir dire, citing, § 971.04(1)(c); State v. Harris, 229 Wis. 2d 832, 839, 601 N.W.2d 682 (Ct. App. 1999), extends to examination of a juror for possible dismissal following selection and swearing-in. 2. Whether the trial court properly dismissed… Read More

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State v. Allen Dell Vaughn, 2012 WI App 129 (recommended for publication); case activity Waiver / Forfeiture of Right, Generally  Waiver is the intentional relinquishment or abandonment of a known right or privilege; forfeiture is:  (1) the failure to object to something without intending to relinquish that which an objection might have preserved and (2) doing something incompatible with… Read More

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Veronica K. v. Michael K., 2012AP197, District 1, 10/10/12 court of appeals decision (1-judge, ineligible for publication); case activity Michael K., incarcerated at the time of this TPR trial, appeared by audio-video hookup. He argues that his due process right to meaningful participation, State v. Lavelle W., 2005 WI App 266, ¶2, 288 Wis. 2d 504, 708 N.W.2d 698… Read More

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