State Wisconsin v. Christopher S. Baker Book Reviews

State Wisconsin v. Christopher S. Baker by United States Court of Appeals for the Third Circuit Book Summary

SHIRLEY S. ABRAHAMSON, J. Both the state and the defendant Christopher S. Baker seek review of a published decision of the court of appeals, State v. Baker, 165 Wis. 2d 42, 477 N.W.2d 292 (Ct. App. 1991), affirming an order of the Circuit Court for Brown County, Judge Carl R. Fenwick. The petition and cross-petition for review present four issues, all arising from the statutory scheme providing progressive penalties for successive convictions of operating a motor vehicle after revocation or suspension of a license: (1) May a defendant collaterally attack a prior conviction for operating a motor vehicle after revocation (OAR) in a subsequent OAR proceeding? (2) If a defendant may collaterally attack prior OAR convictions in a subsequent OAR case, is the defendant limited to asserting a violation of the constitutional right to counsel? (3) If collateral attack on a prior OAR conviction is not limited to a violation of the constitutional right to counsel, was the defendants third OAR conviction subject to collateral attack on the ground that the defendant did not enter a guilty plea knowingly, voluntarily, and intelligently? (4) Did the defendants second OAR conviction violate the constitutional right to counsel?

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