State Ex Rel. Payton v. Kolb

Anthony Payton and Thomas Cornelius are prison inmates. Each requests that we appoint counsel to represent him on his appeal. We referred each request for counsel to the public defender. The public defender has declined to act as appellate counsel for either Payton or Cornelius. We conclude that the public defender has not abused its discretion under sec. 977.05(4)(j), Stats., and that neither Payton nor Cornelius has a constitutional right to counsel in his appeal. Since no statute or decision or rule adopted by the Wisconsin Supreme Court authorizes us to appoint counsel for the instant…