State v. Jerry A. Leister, 2020AP365-CR, District 4, 9/24/20 (1-judge opinion, ineligible for publication); case activity Leister, charged with intentional mistreatment of animals, wanted a lawyer but had trouble retaining one. After repeated adjournments, he wound up trying his case pro se in the absence of a colloquy to determine whether he knowingly, intelligently and… Read more
3. Forfeiture/waiver
State v. Nelson Garcia, Jr., 2019 WI 40, 4/19/19; case activity (including briefs) ASPD Pam Moorshead briefed this appeal and argued it to SCOW less than two weeks ago. The lead issue was whether the Sixth Amendment right to counsel attaches upon the finding of probable cause and setting of bail by a court commissioner. Justice… Read more
State v. Nelson Garcia, Jr., 2016AP1276-CR, petition for review of an unpublished court of appeals decision granted 12/12/18; case activity (including briefs) Issues (from the petition for review) Does the Sixth Amendment right to counsel attach upon the finding of probable cause and setting of bail by a court commissioner? Was the line-up impermissibly suggestive… Read more
State v. Jack M. Suriano, 2017 WI 42, affirming an unpublished court of appeals opinion, 2015AP959-CR; case activity (including posts) In Wisconsin, a defendant can lose his or her right to counsel in two ways: waiver and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
State v. Matthew A. Seward, 2016AP1248-CR, 3/22/17, District 2 (one-judge decision; ineligible for publication); case activity (including briefs) This is a permissive appeal. Matthew Seward is charged with OWI-3rd; he seeks reversal of the circuit court’s denial of his collateral attack on his OWI-2nd conviction. State v. Ernst, 2005 WI 107, ¶25, 283 Wis. 2d 300… Read more
Review of an unpublished court of appeals decision; case activity (including briefs) Issue (composed by On Point) Did the circuit court err in holding that Suriano forfeited his Sixth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
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
State v. Jack M. Suriano, 2015AP959-CR, 3/15/16, District 3 (one-judge decision; ineligible for publication), petition for review granted 9/13/16, affirmed, 2017 WI 42; case activity (including briefs) The circuit court never warned Suriano that forfeiture of his right to counsel was a possibility and did not engage Suriano in a colloquy about the difficulties and dangers of self-representation. Nonetheless, its… Read more
