Summary
In State v. White (1973), 59 Wis.2d 354, 355, 208 N.W.2d 321 (per curiam) certiorari denied, 415 U.S. 992, 94 Sup.Ct. 1592, 39 L.Ed.2d 889, this court affirmed by an evenly divided court a refusal to permit a volunteer counsel to assist appointed counsel.
Summary of this case from State v. ShearsOpinion
No. State 2.
Argued June 5, 1973. —
Decided June 29, 1973.
APPEAL from an order of the circuit court for Milwaukee county: HUGH R. O'CONNELL, Circuit Judge. Affirmed by an equally divided court.
For the appellants there was a brief by William M. Coffey and Dennis P. Coffey, attorneys, and Cheryl S. Rosen of counsel, all of Milwaukee, and oral argument by William M. Coffey.
For the respondent the cause was argued by Betty R. Brown, assistant attorney general, with whom on the brief was Robert W. Warren, attorney general.
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 T. HANSEN, and ROBERT W. 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.
Mr. Chief Justice HALLOWS took no part.