2007AP339-CR State v. Kurtz

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Criminal Procedure
Substitution of counsel

Jason E. Kurtz appeals from a corrected judgment of conviction for first-degree reckless homicide and for delivering a controlled substance, and from a postconviction order denying his motion for a new trial or a retrospective hearing. The issues are whether the trial court improperly denied Kurtz's motion for severance, and for a change of trial counsel. We conclude that the trial court did not err in denying Kurtz's severance motion; however, the trial court did not conduct an adequate inquiry into Kurtz's motion for a change of trial counsel. Therefore, we affirm the judgment and that part of the postconviction order confirming the trial court's previous denial of severance, but reverse that part of the order denying a change of counsel, and remand the cause with directions for a retrospective evidentiary hearing. This opinion will not be published.

2007AP339-CR State v. Kurtz

Dist I, Milwaukee County, Sosnay, J., Per Curiam

Attorneys: For Appellant: Rapkin, Stephanie G., Mequon; For Respondent: Loebel, Karen A., Milwaukee; O'Neil, Aaron R., Madison

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