State v. White, S

Citation208 N.W.2d 321,59 Wis.2d 354
Decision Date29 June 1973
Docket NumberNo. S,S
PartiesSTATE of Wisconsin, Respondent, v. Jesse Lee WHITE and Booker Thomas Collins, Jr., Appellants. tate 2.
CourtUnited States State Supreme Court of Wisconsin

William M. Coffey and Dennis P. Coffey, Milwaukee, Cheryl S. Rosen, Milwaukee, of counsel, for appellants.

Robert W. Warren, Atty. Gen., Betty R. Brown, Asst. Atty. Gen., Madison, for respondent.

PER CURIAM.

All members of the court participating agree that assignments of error argued on the appeal are, with one exception, without merit. On the remaining issue, the court is evenly divided. The trial judge refused to permit the defendants to be represented at trial by a volunteer, unpaid attorney in addition to court appointed and compensated counsel and one other volunteer attorney. Mr. Justices Wilkie, Beilfuss, and Heffernan would reverse on the ground that error was of constitutional proportions involving the denial of counsel of defendants' choice. Mr. Justices Hanley, Connor Hansen, and Robert Hansen would affirm on the ground that error was harmless in light of the fact that the representation afforded by court appointed counsel and the additional volunteer attorney was concededly competent.

HALLOWS, C.J., took no part.

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4 cases
  • State v. Shears, s. S
    • United States
    • United States State Supreme Court of Wisconsin
    • May 6, 1975
    ...when it appears to be to his advantage . . .' People v. Johnson (1970), 45 Ill.2d 38, 257 N.E.2d 3, 6. In State v. White (1973), 59 Wis.2d 354, 355, 208 N.W.2d 321 (per curiam), cert. denied, 415 U.S. 992, 94 S.Ct. 1592, 39 L.Ed.2d 889, this court affirmed by an evenly divided court a refus......
  • Smith v. Kleynerman, Case No.: 2015AP207
    • United States
    • United States State Supreme Court of Wisconsin
    • March 21, 2017
    ...28 Wis.2d 505, 137 N.W.2d 409 (1965) (on appeal).51. Smith v. State , 41 Wis.2d 145, 163 N.W.2d 8 (1968) (on appeal).52. State v. White , 59 Wis.2d 354, 208 N.W.2d 321 (1973) (on appeal).53. State v. Kline , 73 Wis.2d 337, 243 N.W.2d 519 (1976) (on appeal).54. Brown v. State , 73 Wis.2d 351......
  • Brown v. Wisconsin Natural Gas Co.
    • United States
    • United States State Supreme Court of Wisconsin
    • June 29, 1973
    ......        There was testimony that the usual practice among other gas companies in that part of the state is to send their own crews to dig up and expose gas lines in areas where others are excavating. In this manner, the laterals could be definitely ......
  • Meyer v. Wisconsin Elec. Power Co., 44
    • United States
    • United States State Supreme Court of Wisconsin
    • June 29, 1973

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