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Postconviction Relief – Right to Counsel

WI Court of Appeals – District III

Case Name: State of Wisconsin v. Randal G. Rosenthal, Jr.

Case No.: 2018AP001674

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

Focus: Postconviction Relief – Right to Counsel

Rosenthal was found guilty of first-degree intentional homicide, and pro se, appeals an order denying his WIS. STAT. § 974.06 (2019-20)1 motion for postconviction relief. Rosenthal argues that he is entitled to a new trial on four grounds: (1) newly discovered evidence; (2) the denial of the right to counsel at a critical stage of his case; a § 974.06 proceeding is considered to be civil in nature, and it authorizes a collateral attack on a defendant’s conviction. See § 974.06(6). “Defendants do not have a constitutional right to counsel when mounting collateral attacks upon their convictions.” – (3) prosecutorial misconduct; and (4) the ineffective assistance of both his trial and postconviction counsel – By failing to call his attorneys to testify at the motion hearing, Rosenthal forfeited any claim of ineffective assistance of counsel.


Decided 01/31/23

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