Court of Appeals of Wisconsin.Feb 25, 2014
844 N.W.2d 666 (Wis. Ct. App. 2014)
844 N.W.2d 666353 Wis. 2d 3052014 WI App. 38

No. 2013AP1334–CR.


STATE of Wisconsin, Plaintiff–Respondent, v. Steven L. COLLINS, Defendant–Appellant.

Collins's attorney responded, “I talked to him, he indicated he wasn't going to testify. I anticipate calling [another person] as my next witness.” Collins was not personally asked about his decision, and he did not comment following his attorney's response. At the close of the defense case, Collins's attorney indicated, “No further witnesses, Your Honor. Let me just confirm. (Discussion between [trial counsel] and the defendant off the record.) ... Nothing else. Defense would rest, Your Honor.” The circuit court found Collins understood his right to testify and voluntarily chose not to do so. Collins now appeals.