6th Amendment Violation Right to Counsel.

• Date: 18 November 2020

Byline: Derek Hawkins

WI Court of Appeals District IV

Case Name: State of Wisconsin v. Jerry A. Leister

Case No.: 2020AP365-CR

Officials: KLOPPENBURG, J.

Focus: 6th Amendment Violation Right to Counsel

Jerry A. Leister appeals his conviction for intentional mistreatment of animals. He argues that he was denied his constitutional right to counsel because: (1) the circuit court permitted him to proceed pro se without conducting a colloquy ensuring that Leister was knowingly, intelligently, and voluntarily waiving his right to counsel,; and (2) the State failed at a postconviction evidentiary hearing to meet its burden of proving by clear and convincing evidence that Leister had in fact knowingly, intelligently, and voluntarily waived his right to counsel. See State v. Klessig, 211 Wis. 2d 194, 206, 212-213, 564 N.W.2d 716 (1997) (mandating a colloquy in every case where a defendant seeks to proceed pro se and delineating the State's burden of proof at a postconviction evidentiary hearing where the circuit court failed to conduct an on the-record colloquy).

As I explain, the State in its response brief concedes the absence of an on-the-record colloquy but fails to address in any meaningful way Leister's argument that the State filed...