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The carrier received information from the Wisconsin Worker’s Compensation Division that the applicant was defrauding the carrier by failing to report external income.The employee’s supervisor also told the carrier that the applicant had a new job.
The carrier then hired an investigation firm who saw the applicant walk into a building with a suit on.
Based on this information the carrier suspended benefits.
The state argued that Egerson did not invoke the right but was merely voicing frustration in the moment of the hearing, regarding discovery and alleged bias against him.
The appeals court noted that the hearing was “contentious” and after the judge shut him down, Egerson did not raise the topic of self-representation again during the case.
The appeals court noted that a defendant must “clearly and unequivocally” invoke the right of self-representation, at which point the court engages the defendant in a colloquy to ensure the defendant has voluntarily waived a right to counsel and is competent.
“There are no cases in Wisconsin that define when a defendant invokes this right and triggers that requirement of the colloquy,” noted Judge William Brash III.
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Egerson said the state had not turned over everything, but the judge stopped him and said he wasn’t the lawyer of record.
At that point, Egerson requested to represent himself with co-counsel. Egerson starting complaining about the assistant district attorney and all the charges against him and asked to represent himself without co-counsel.
“From those facts, we cannot conclude that Egerson’s statements were a clear and unequivocal invocation of his right to self-representation,” Judge Brash wrote.Tags: Adult Dating, affair dating, sex dating