Criminal Procedure — right to self-representation — withdrawal

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Wisconsin Court of Appeals

Criminal

Criminal Procedure — right to self-representation — withdrawal

A defendant’s request to withdraw from self-representation and proceed with the assistance of counsel rests in the circuit court’s discretion.

“The record amply supports the circuit court’s finding that Rhodes was engaged in gamesmanship over his representation. Rhodes waived his right to counsel on April 6, 2007, stating that he was prepared for trial and could proceed on the scheduled trial date of May 7, 2011. Nonetheless, as that deadline closed in, he told the circuit court that he wanted: (1) Attorney Kovac to represent him; (2) to represent himself with Attorney Kovac serving as stand-by counsel; and (3) no lawyer, just a computer. The circuit court was incapable of satisfying all of Rhodes’s mutually exclusive requests. A defendant cannot rely on the right to counsel as a mechanism for imposing impossible duties on the circuit court. See State v. Woods, 144 Wis. 2d 710, 714, 424 N.W.2d 730 (Ct. App. 1988). Moreover, a litigant may not abuse the right to counsel ‘by repeatedly altering his position on counsel to achieve delay or obstruct the orderly administration of justice.’ United States v. Pollani, 146 F.3d 269, 273 (5th Cir. 1998).”

Affirmed.

Recommended for publication in the official reports.

2010AP435-CR State v. Rhodes

Dist. I, Milwaukee County, Sosnay, J., Curley, J.

Attorneys: For Appellant: Hartley, Chris L., Milwaukee; For Respondent: Loebel, Karen A., Milwaukee; Sanders, Michael C., Madison