Due Process Violation

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WI Court of Appeals – District II

Case Name: State of Wisconsin v. Keith J. Eggum

Case No.: 2017AP2437-CR

Officials: Lundsten, P.J., Sherman and Fitzpatrick, JJ

Focus: Due Process Violation

Keith Eggum appeals a judgment of conviction.  Eggum first argues that his right to due process was violated by his physical appearance at trial. He discusses two aspects of his appearance. The first is that he should have received a haircut before trial. He notes that the circuit court denied his pretrial request for a haircut, but he does not explain why we should conclude that the decision was in error. When the issue came up again before voir dire, the court stated: “Well, it is what it is. You look fine to me.” Eggum does not explain why that finding is erroneous and does not identify any specific problem with his hair during trial. Accordingly, Eggum has not shown that his right to due process was denied.

Eggum next argues that he did not receive a fair trial due to comments that he made in court during trial. Eggum did not move for a mistrial during trial, and therefore he forfeited the issue. See State v. Thurmond, 2004 WI App 49, ¶10, 270 Wis. 2d 477, 677 N.W.2d 655. Eggum appears to argue that the circuit court erred by not declaring a mistrial sua sponte, but he cites no authority requiring a court to take that action. Moreover, while Eggum acknowledges that he himself voluntarily caused the potential grounds for a mistrial, he does not provide a legal argument to explain why a defendant should be permitted to create a mistrial with disruptive conduct.

Finally, Eggum argues that his sentence was unduly harsh. On two of the bail jumping counts, the court imposed consecutive sentences of two years of initial confinement and two years of extended supervision. On the third bail jumping count, the court imposed and stayed a sentence of three years each of initial confinement and extended supervision, and placed Eggum on probation for three years. Finally, on the disorderly conduct count, the court imposed a sentence of ninety days.

Beyond that, Eggum argues that he did not present a danger to the public and had only “numerous petty defiant behaviors.” This is not a basis on which we can conclude that the sentence was harsh or excessive, given Eggum’s history of such offenses for nearly his entire adult life of twenty years. We 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.