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8. Collateral attack on priors

State v. Robert J. Baur, 2021AP55, 8/25/2022, District 4 (one-judge decision; ineligible for publication); case activity (including briefs) An OWI defendant can attack prior convictions–thus seeking a lower offense number and lower associated penalty–only if he or she lacked counsel in that prior proceeding and did not knowingly, voluntarily and intelligently waive the right to… Read more

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SCOW makes it tougher to attack prior OWIs

State v. Teresa L. Clark, 2022 WI 21, 4/20/22, reversing the circuit court on bypass, case activity (including briefs) A defendant may collaterally attack a prior OWI conviction if she was not represented by counsel and did not knowingly, intelligently, and voluntarily waive the right to counsel during that proceeding. Once she points to evidence… Read more

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State v. Teresa L. Clark, 2020AP1058-CR, bypass granted 4/27/21; case activity Issue: (adapted from State’s COA brief): When the State uses a prior OWI conviction to enhance the charge and sentence for a subsequent OWI offense, a defendant may collaterally attack the prior conviction. If the defendant proves that her right to counsel was violated… Read more

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County of Green Lake v. Lori Melchert, 2020AP473, District 2, 2/24/21 (one-judge decision; ineligible for publication); case activity (including briefs) Melchert’s challenge to a prior OWI that was improperly treated as a first offense comes way too late under City of Eau Claire v. Booth, 2016 WI 65, 370 Wis. 2d 595, 882 N.W.2d 738… Read more

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State v. Jeffrey R. Lindahl, 2019AP997-CR, District 3, 12/15/20 (one-judge decision; ineligible for publication); case activity (including briefs) In State v. Hahn, 2000 WI 118, 238 Wis. 2d 889, 618 N.W.2d 528, the supreme court held that a collateral attack against a prior conviction used to enhance a penalty must be based on the denial… Read more

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State v. Ronald Eugene Provost, 2020 WI App 21; case activity (including briefs) It’s unclear why this opinion is recommended for publication. Best guess is that is provides a (rather thin) gloss on the “systemic breakdown” exception to the rule that delays attributable to defense counsel don’t weigh in favor of a speedy trial violation… Read more

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Collateral attack on prior OWI rejected

State v. Jessy A. Rivard, 2018AP1070-CR, District 3, 6/18/19 (one-judge decision; ineligible for publication); case activity (including briefs) Rivard’s challenge to the use of a 2006 OWI conviction fails because the record supports the circuit court’s conclusion that Rivard’s waiver of counsel in that case was valid. Rivard’s challenge focuses on whether the 2006 colloquy… Read more

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State v. Scot Alan Krueger, 2016AP2438-CR, 5/25/17, District 4 (one-judge decision; ineligible for publication); case activity (including briefs) The circuit court erred in holding Krueger failed to make a prima facie showing that he didn’t validly waive the right to counsel in a prior OWI conviction.  To collaterally attack a prior OWI conviction that is being used… Read more

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