State v. Jeffrey Steinhorst, 2011AP1360-CR, District 4, 11/23/11 court of appeals decision (1-judge, not for publication); for Steinhorst: Steven Cohen; case activity Steinhorst made a prima facie showing that he did not validly waive counsel in a prior OWI case; therefore, he is entitled to a hearing at which the State must prove proper waiver… Read more
3. Forfeiture/waiver
State v. Joel D. Rhodes, 2011 WI App 145; for Rhodes: Chris L. Hartley; case activity Self-Representation – Adequacy of Waiver of Right to Counsel The trial court undertook a valid waiver of counsel, pursuant to State v. Klessig, 211 Wis. 2d 194, 206, 564 N.W.2d 716 (1997): ¶18 We reject Rhodes’s claim. The circuit court conducted a colloquy with Rhodes that… Read more
Kevin G. v. Jennifer M. S., 2009AP1377, District 4, 8/17/11 court of appeals decision (1-judge, not for publication); for Jennifer M.S.: Susan E. Alesia, SPD, Madison Appellate; case activity Evidence held sufficient to support termination for failure to assume parental responsibility, § 48.415(6)(a), applying “totality-of-the-circumstances test” where “the fact-finder should consider any support or care, or lack thereof, the… Read more
State v. Jonathan M. Reynolds, 2011AP512-CR, District 4, 8/11/11 court of appeals decision (1-judge, not for publication); for Reynolds: Steven Cohen; case activity Reynolds collateral attack on a prior OWI conviction (on the ground waiver of counsel was ineffectual because he didn’t know the potential range of penalties) is rejected. Basic procedure discussed and applied… Read more
State v. Kenneth A. Hudson, 2010AP166-CR, District 3, 8/2/11 court of appeals decision (not recommended for publication); for Hudson: James A. Rebholz; case activity By rejecting and failing to cooperate with appointed counsel, after being warned of the consequence, Hudson forfeited his right to representation at trial. ¶27 In accordance with Cummings, Hudson was repeatedly warned by… Read more
Sheboygan County DH&HS v. Wesley M., No. 2010AP2946, District 2, 6/15/11 court of appeals decision (1-judge, not for publication); for Wesley M.: Leonard D. Kachinsky; case activity ¶7 A parent is entitled to the effective assistance of counsel in termination of parental rights proceedings, and the applicable standards are those which apply in criminal cases… Read more
State v. Brad E. Forbush, 2011 WI 25, reversing 2010 WI App 11; for Forbush: Craig A. Mastantuono, Rebecca M. Coffee; amicus: Colleen D. Ball, SPD, Milwaukee Appellate; case activity Forbush’s 6th amendment right to counsel had already attached – because a criminal complaint had been filed – and he had retained counsel before officers began interrogating him on… Read more
State v. Lee Alexander Brown, 2010AP970, District 1, 2/1/11 court of appeals decision (3-judge, not recommended for publication); for Brown: Russell D. Bohach; case activity; Brown BiC; State Resp. The court holds that Brown knowingly, intelligently and voluntarily waived his right to counsel at trial on his sexually violent person petition. Although there is a question as to… Read more
