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Criminal Procedure — right to testify — waiver

Wisconsin Court of Appeals


Criminal Procedure — right to testify — waiver

Leshurn Hunt appeals a judgment of conviction entered on a jury verdict finding him guilty of numerous felonies, and an order denying his motion for postconviction relief. Following a colloquy by the circuit court to ensure that Hunt knowingly, intelligently, and voluntarily waived his right not to testify, Hunt told the court that he decided to testify.

However, after an exchange among the circuit court, the prosecutor, and defense counsel about evidentiary matters, Hunt changed his mind and decided not to testify. On appeal, Hunt argues that his decision not to testify was not knowing, intelligent, and voluntary because: (1) the court conducted a defective colloquy; (2) Hunt was coerced to waive the right to testify; and (3) Hunt received ineffective assistance of counsel. In addition, Hunt argues that the court conducted an improper suppression hearing. For the reasons explained below, we affirm. Not recommended for publication in the official reports.

2010AP2516-CR State v. Hunt

Dist II, Kenosha County, Schroeder, J., Higginbotham, J.

Attorneys: For Appellant: Lamb, Kaitlin A., Milwaukee; For Respondent: O’Brien, Daniel J., Madison; Zapf, Robert D., Kenosha

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