2010AP1745 State ex rel. Hatchett v. Schwarz

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Probation and Parole
Revocation

Antoine Hatchett, pro se, appeals from a circuit court order denying his request for relief in a certiorari review of the decision to revoke his probation. Hatchett argues that his probation should not have been revoked because the basis for revocation—Hatchett’s refusal to sign a statement given to his probation agent—was impacted by his agent’s failure to advise him of his Fifth Amendment privilege against self-incrimination. Hatchett also argues that the attorney who represented him at the revocation hearing and in the circuit court provided ineffective assistance by not raising the Fifth Amendment issue as a defense. We decline to address the potential merits of these issues because they are raised for the first time on appeal and because the effectiveness of counsel during the revocation hearing is not an issue that is properly raised in a certiorari review. Therefore, we affirm the circuit court’s order.This opinion will not be published.

2010AP1745 State ex rel. Hatchett v. Schwarz

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

Attorneys: For Appellant: Hatchett, Antoine, pro se; For Respondent: Moriarty, Richard B., Madison; Schwarz, David H., Madison

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