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State v. Stephen A. Broad, 2009AP1983-CR, District II, 3/17/2010

court of appeals decision (1-judge, not for publication) BiC; Resp. Br.; Reply Br.

Traffic Arrest
Probable cause to believe Broad drove on public roadway, hence to arrest for OWI, where car was found off the road, Broad was in driver’s seat and admitted to being driver, car “was warm and running.”

Right to Testify
Violation of rule requiring contemporaneous colloquy as to waiver of right to testify at trial doesn’t lead to automatic reversal of conviction; remedy, instead, is to hold postconviction evidentiary hearing, which in this instance established knowing, intelligent, voluntary waiver of right to testify).

Assistance of Counsel
Counsel’s choice of a legitimate strategy, in preference to an alternative strategy, didn’t deprive Broad of his right to effective assistance of counsel.