State v. SuttonAnnotate this Case
Defendant was convicted at a bench trial of misdemeanor retail theft in the circuit court. On appeal, the court of appeals (1) affirmed the conviction; (2) denied Defendant's request to remand the cause to determine whether Defendant knowingly, intelligently, and voluntarily waived his right to a jury trial; and (3) concluded that Defendant could raise the issue of postconviction counsel's ineffective assistance of counsel in a Wis. Stat. 974.06 motion. The court did not remand the matter. The Supreme Court reversed, holding that the court of appeals erred as a matter of law in ruling that Defendant had an avenue of relief through section 974.06, and the court's error deprived Defendant of any opportunity for review of an on-its-face deficient jury trial waiver colloquy or the clear error by postconviction counsel in filing a defective postconviction motion. Remanded to reinstate Defendant's direct appeal rights and to remand the matter to the circuit court to allow counsel to file a new or amended motion for postconviction relief.