Court Error – Abuse of Discretion

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WI Court of Appeals – District III

Case Name: State of Wisconsin v. Darryl L. Christensen

Case No.: 2016AP2068-CR

Officials: Stark, P.J., Hruz and Seidl, JJ.

Focus: Court Error – Abuse of Discretion

Darryl Christensen pled guilty to five counts of sexual assault by a correctional officer. He then sought to have postconviction counsel appointed for him at public expense. The Office of the State Public Defender (SPD) found him financially ineligible for appointed counsel. The circuit court appears to have affirmed the SPD’s determination, and it also denied Christensen’s motion to have an attorney appointed for him at county expense. We affirm the circuit court’s determination in all respects. The record does not indicate how the SPD reached its financial ineligibility conclusion, and we therefore assume the circuit court’s decision affirming that conclusion was correct. We also conclude the circuit court properly exercised its discretion in declining to invoke its inherent authority to appoint counsel for Christensen at county expense.

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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.