By: dmc-admin//February 25, 2002//
Jerod J. Bins appeals an order denying his request for postconviction relief. Bins claims that his waiver of counsel was inadequate under State v. Klessig, 211 Wis.2d 194, 201, 564 N.W.2d 716 (1997), because the court failed to properly determine whether he knowingly, intelligently and voluntarily waived his right to assistance of counsel and whether he was competent to represent himself. Additionally, Bins argues that he is not procedurally barred from raising the invalid-waiver-of-counsel issue.
Because the record fails to establish that Bins made a deliberate choice to proceed without counsel while knowing the difficulties and disadvantages of self-representation, this court has no alternative but to reverse and remand the matter to the circuit court to conduct a hearing as required by Klessig, 211 Wis.2d at 213.
This opinion will not be published.
Dist III, Outagamie County, Froehlich, J., Cane, C.J.
Attorneys:
For Appellant: Margaret A. Maroney, Madison
For Respondent: Vincent R. Biskupic, Appleton; Susan M. Crawford, Madison; Julie M. Duquaine, Green Bay