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Criminal Procedure – Right to testify forfeiture

By: WISCONSIN LAW JOURNAL STAFF//March 3, 2015//

Criminal Procedure – Right to testify forfeiture

By: WISCONSIN LAW JOURNAL STAFF//March 3, 2015//

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Wisconsin Supreme Court

Criminal

Criminal Procedure – Right to testify forfeiture

The defendant forfeited his right to testify by exhibiting stubborn and defiant conduct that threatened both the fairness and reliability of the criminal trial process as well as the preservation of dignity, order, and decorum in the courtroom.

“The United States Supreme Court has stated countless times that adherence to rules of evidence and procedure is essential to the proper functioning of our criminal trial process.  See, e.g., Chambers, 410 U.S. at 302; Rock, 483 U.S. at 55 n.11; Taylor, 484 U.S. at 410-411.  That numerous rules controlling the presentation of evidence ‘do not offend the defendant’s right to testify’ is a sure indication that a circuit court’s interest in effectuating the ascertainment of truth is tantamount to the constitutional right to testify. By repeatedly refusing to comply with the circuit court’s instruction not to discuss irrelevant matters before the jury, Anthony gave the circuit court little choice but to completely deny his right to testify for fear of compromising the primary purpose of the criminal trial process.”

Affirmed.

2013AP467-CR State v. Anthony

Crooks, J.

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