Criminal Procedure — postconviction relief — ineffective assistance of counsel — substitute counsel

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Wisconsin Court of Appeals

Criminal

Criminal Procedure — postconviction relief — ineffective assistance of counsel — substitute counsel

Rory Kuenzi appeals a judgment of conviction and an order denying postconviction relief. Kuenzi contends that he was denied his Sixth Amendment right to the counsel of his choice when the circuit court denied Kuenzi’s motion to substitute retained counsel for appointed counsel. Kuenzi also contends that his appointed counsel was ineffective by failing to argue that Kuenzi had a Sixth Amendment right to counsel of his choice and by failing to stipulate, before trial, that Kuenzi had a prior conviction for operating a motor vehicle under the influence of an intoxicant. Judgment and order affirmed in part; reversed in part and cause remanded for further proceedings. This opinion will not be published.

2012AP1909-CR State v. Kuenzi

Dist IV, Waupaca County, Kirk, J., Per Curiam

Attorneys: For Appellant: Wood, Tracey A., Madison; For Respondent: Fassbender, James H., Waupaca; Lloyd, Katherine Desmond, Madison