Follow Us

Facebooktwitterrss
≡ Menu

Counsel — Waiver — Necessity for Evidentiary Hearing

State v. Paul L. Polak, 2002 WI App 120, PFR filed 5/3/02
For Polak: Philip J. Brehm
Issue/Holding:

¶15. When an adequate colloquy is not conducted, and the defendant makes a motion for a new trial or other postconviction relief from the trial court’s judgment, the court must hold an evidentiary hearing on whether the waiver of the right to counsel was knowing, intelligent and voluntary….¶16. We conclude that the trial court conducted an adequate colloquy that demonstrates that Polak’s waiver of the right to counsel was knowing, intelligent and voluntary; therefore, an evidentiary hearing on this issue was unnecessary.

Facebooktwitterlinkedinmail
{ 0 comments… add one }

Leave a Comment