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Waiver of Right to Counsel – Court Error
By: Derek Hawkins//March 22, 2017//
Listen to this articleWI Court of Appeals – District IV
Case Name: State of Wisconsin v. Kenneth K. Kimpel
Case No.: 2016AP1441-CR
Officials: Kloppenburg, P.J., Sherman and Blanchard, JJ.
Focus: Waiver of Right to Counsel – Court Error
A jury found Kenneth K. Kimpel guilty of one count of repeated sexual assault of a child and one count of child enticement. See WIS. STAT. §§ 948.025(1)(e) and 948.07(1) (2013-14).
Kimpel represented himself at trial, with assistance from standby counsel, and the appellate issues concern Kimpel’s self-representation. He argues that his waiver of the right to counsel was not knowing and voluntary, that the circuit court did not adequately define the role of standby counsel, and that the circuit court erroneously exercised its discretion when it denied Kimpel’s request for an adjournment. He also requests that this court order a new trial in the interest of justice. Because none of Kimpel’s arguments are persuasive, we affirm.
Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.
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