State v. Darby
Court of Appeals of Wisconsin
1Opinion of the CourtVergeront, J.
¶ 1.
James Darby appeals the judgment of conviction for aggravated battery and the order denying postconviction relief, presenting two issues for our review. The first issue is whether Darby was denied his constitutional right to represent himself at trial, which requires us to decide as a threshold matter whether Darby is correct that the circuit court had an obligation to advise him of his right to self-representation. This is a question of first impression in Wisconsin. Consistent with case law from other jurisdictions, we conclude that a defendant must clearly and unequivocally declare a…
2Cases cited36 opinions
- Faretta v. CaliforniaSupreme Court of the United States · 1975
- Martinez v. Court of Appeal of California, Fourth Appellate DistrictSupreme Court of the United States · 2000
- People v. McIntyreNew York Court of Appeals · 1974
- United States v. Sean Lamont CromerCourt of Appeals for the Sixth Circuit · 2004
- State v. HutchinsSupreme Court of North Carolina · 1981
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3Cited by6 opinions
- Laderian McGhee v. Michael DittmannCourt of Appeals for the Seventh Circuit · 2015
- State v. EgersonCourt of Appeals of Wisconsin · 2018
- State v. JacksonCourt of Appeals of Wisconsin · 2015
- Fond Du Lac Cnty. v. S.R.H. (In re S.R.H.)Court of Appeals of Wisconsin · 2018
- State v. PowellCourt of Appeals of Wisconsin · 2018
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