OWI – Waiver of Right To Counsel

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WI Court of Appeals – District II

Case Name: State of Wisconsin v. Matthew A. Seward

Case No.: 2016AP1248-CR

Officials: Hagedorn, J.

Focus: OWI – Waiver of Right To Counsel

In 2016, Matthew Seward was charged with his third offense of operating a motor vehicle while intoxicated (OWI). In order to avoid the enhanced penalty, Seward moved to collaterally attack his second offense 2006 conviction for OWI in which he represented himself and pled no contest. Seward’s collateral attack motion argued he did not knowingly, intelligently, and voluntarily waive his right to counsel in the 2006 proceeding. A few years earlier, Seward had also been charged with a thirdoffense OWI and similarly attacked the 2006 OWI conviction on the same grounds. The court in that case saw no defect in the 2006 colloquy and denied relief. Seward then sought leave to appeal, which we denied. However, at trial, Seward was found not guilty on the merits, obviating any challenge to or appeal of the circuit court’s ruling on his collateral attack The circuit court in this case suggested it saw the 2006 colloquy differently; it pointed out what it believed were some real deficiencies. However, the court concluded that Seward’s current collateral attack on his 2006 conviction was barred by collateral estoppel (now more commonly called issue preclusion) because of the previous ruling on the issue. Seward sought leave to appeal, which we have now granted. The sole issue we address is whether Seward has made a prima facie case that he did not knowingly, intelligently, and voluntarily waive his right to counsel, thus shifting the burden to the State to prove in an evidentiary hearing that his waiver was constitutionally valid. Seward has not, in our judgment, made a prima facie case. Therefore, he was not entitled to an evidentiary hearing. Because we reject the substance of Seward’s claim, we need not address the circuit court’s conclusion that issue preclusion barred Seward’s motion. Additional facts will be discussed as relevant below

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.