Waiver of Right To Counsel

By: Derek Hawkins//June 1, 2017//

Listen to this article

WI Court of Appeals – District IV

Case Name: State of Wisconsin v. Scot Alan Krueger

Case No.: 20162438-CR

Officials: Lundsten, J.

Focus: Waiver of Right To Counsel

Scot Krueger appeals a judgment convicting him of operating a motor vehicle while under the influence of an intoxicant as a third offense. Krueger seeks to collaterally attack one of the alleged underlying prior offenses, a 1993 conviction. The issue is whether Krueger made a prima facie showing, under State v. Ernst, 2005 WI 107, 283 Wis. 2d 300, 699 N.W.2d 92, that he did not validly waive the right to counsel in the 1993 proceedings. I agree with Krueger that he made this showing, thus shifting the burden to the State to prove that Krueger validly waived the right to counsel.

Full Text

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.

Select Region or Brand

Upcoming Event