6th Amendment Violation

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WI Court of Appeals – District I

Case Name: State of Wisconsin v. Nelson Garcia, Jr.,

Case No.: 2016AP1276-CR

Officials: Brennan, P.J., Brash and Dugan, JJ.

Focus: 6^th Amendment Violation

Nelson Garcia, Jr., appeals a judgment of conviction for bank robbery. Garcia seeks a new trial on three grounds. He argues that his constitutional right to counsel attached at the point when a court commissioner made a probable cause finding and set bail as the police investigation continued and he therefore had a Sixth Amendment right to counsel during a subsequent lineup. He argues that the lineup, in which a witness identified him, was unduly suggestive and violated his due process rights, and that the trial court therefore erred when it denied his motion to suppress the lineup identification. Finally, he argues that the trial court’s denial of his motion to represent himself—and its failure to give him the opportunity to “reclaim” the right with better courtroom conduct—violated his Sixth Amendment right to represent himself. We reject his arguments and affirm.

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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.