Legal Opinion · Dissent

State v. Anderson

Wisconsin Supreme Court

Decided January 24, 2002No. 00-1563-CRPublished

1DissentDavid T. Prosser, J.

¶ 30. (dissenting). Tyran Anderson asked the court to review this case to resolve a conflict between the court of appeals decision in State v. Hoffman, (No. 98-3101-CR, January 18, 2000) and the single-judge court of appeals decision here, both unpublished.

¶ 31. In Hoffman, the defendant signed a written waiver of trial by jury and the case proceeded to a bench trial. There was no colloquy with the defendant on the record before trial and no explicit expression of approval by the court or consent by the state. The court of appeals determined that the absence of an oral colloquy to determine…

2Cases cited14 opinions

  1. Johnson v. ZerbstSupreme Court of the United States · 1938
  2. State ex rel. Fourth National Bank of Philadelphia v. JohnsonWisconsin Supreme Court · 1899
  3. State v. HuebnerWisconsin Supreme Court · 2000
  4. United States of America Ex Rel. John Williams v. Richard DerobertisCourt of Appeals for the Seventh Circuit · 1983
  5. State v. HansfordWisconsin Supreme Court · 1998

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