Waiver of Counsel Colloquy

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WI Court of Appeals – District III

Case Name: State of Wisconsin v. Chad W. Kessler

Case No.: 2019AP524-CR

Officials: Stark, P.J., Hruz and Seidl, JJ.

Focus: Waiver of Counsel Colloquy

Chad Kessler appeals a judgment, entered upon a jury’s verdicts, convicting him of two counts of criminal damage to property and one count each of fleeing or eluding an officer, burglary of a building or dwelling, operating a motor vehicle without the owner’s consent (OMVWOC), and misdemeanor theft. He also appeals an order denying him postconviction relief. Kessler contends he was not competent to represent himself at trial because he was suffering from auditory hallucinations caused by schizophrenia—a condition he did not disclose until he sought postconviction relief.

We conclude: (1) the circuit court’s waiver-of-counsel colloquy satisfied the requirements of State v. Klessig, 211 Wis. 2d 194, 564 N.W.2d 716 (1997); (2) notwithstanding the sufficiency of its Klessig colloquy, the court properly held a nunc pro tunc evidentiary hearing on Kessler’s postconviction claim; and (3) the court’s retrospective finding that Kessler was competent to represent himself was not clearly erroneous. Accordingly, we affirm.

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Derek A Hawkins is trademark corporate counsel for Harley-Davidson. Hawkins oversees the prosecution and maintenance of the Harley-Davidson’s international trademark portfolio in emerging markets.