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D. Defendant’s presence

State v. Lawrence P. Peters, 2000 WI App 154, 237 Wis. 2d 741, 615 N.W.2d 655, petition for rev. gr., 11/15/00, reversed on other grounds, 2001 WI 74 For Peters: Jane K. Smith Issue: Whether a prior offense may be used to enhance a current one, where the plea and sentencing on the prior offense… Read More


Defendant’s Presence — jury selection.

State v. Larry D. Harris, 229 Wis.2d 832, 601 N.W.2d 682 (Ct. App. 1999). For Harris: William S. Coleman, SPD, Milwaukee Appellate. Issue: Whether defendant’s rights to presence and counsel were violated by their absence from at least part of voir dire. Holding: Defendant has both a nonwaivable statutory right to presence, and also a… Read More


Defendant’s presence – civil proceeding.

City of Fond du Lac v. Scott R. Kaehne, 229 Wis.2d 323, 599 N.W.2d 870 (Ct. App. 1999). Holding: In civil action (here, OWI 1st), appearance of defendant may be made by letter, rather than in person, therefore time limit for demanding jury trial began running when defendant sent letter to court stating intent to… Read More


Defendant’s presence — dismissal of juror for cause — waiver.

State v. Audrey A. Edmunds, 229 Wis. 2d 67, 598 N.W.2d 290 (Ct. App. 1999). For Edmunds: Dean A. Strang. Holding: Edmunds is held to have waived her right to be present when the parties and the court discussed dismissal of a juror for cause. The dismissal is upheld, where the juror conveyed opinions about… Read More