799 N.W.2d 492
Wis. Ct. App.2011Background
- Pirtle was convicted of first‑degree intentional homicide and sentenced to life without extended supervision.
- Shields called 911; police entered Shields’ home with her consent but without a warrant due to her invitation.
- Police later obtained a search warrant after Pirtle refused consent; evidence included Pirtle’s blood and DNA under the victim’s fingernails.
- Pirtle confessed to killing the victim and was charged; pretrial motions, including suppression, were denied.
- On the first day of trial, Pirtle sought to fire his lawyer; the court denied, citing Phifer factors and substantial delay concerns.
- During sentencing, the court made a disparaging remark calling Pirtle a “piece of garbage,” which Pirtle challenged as bias.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the initial entry/search was lawful | Pirtle contends lack of warrant/consent invalidates entry | Search was unlawful absent valid consent/warrant | Search lawful; Shields’ consent and voluntary entry valid; warrant obtained for continued search |
| Whether the denial of a new attorney was an abuse of discretion | Phifer factors favor replacement due to conflicts and delays | Court properly weighed factors; no abuse; counsel competent | No abuse; court properly denied request to fire attorney on trial day |
| Whether Pirtle’s leaving the courtroom violated his rights or was forfeited | Defendant was denied presence in proceedings | Forfeiture/waiver due to disruptive conduct | Pirtle waived/forfeited right; allowed to return later; no error |
| Denial of mistrial after an incidental outburst by a bystander | Outburst prejudiced jurors; mistrial necessary | Limited impact; court cautioned jurors; no substantial prejudice | No abuse of discretion; jurors instructed; mistrial denied |
| Whether Pirtle knowingly and voluntarily waived his right to testify | Waiver was involuntary due to conditions and communications | Court conducted proper colloquy; waiver voluntary | Waiver knowing and voluntary; proper colloquy followed |
Key Cases Cited
- State v. Roberts, 196 Wis. 2d 445, 538 N.W.2d 825 (Ct. App. 1995) (reviewing findings of fact for suppression orders; de novo law review of Fourth Amendment issues)
- State v. Richardson, 156 Wis. 2d 128, 456 N.W.2d 830 (1990) (Fourth Amendment suppression standards; de novo review of law)
- Illinois v. Allen, 397 U.S. 337, 90 S. Ct. 1053, 25 L. Ed. 2d 347 (U.S. 1970) (defendant’s right to presence and waiver by conduct)
- State v. Weed, 263 Wis. 2d 434, 666 N.W.2d 485 (2003) (necessity of a knowing and voluntary waiver colloquy)
- State v. Arredondo, 269 Wis. 2d 369, 674 N.W.2d 647 (2004) (requirements of defendant’s waiver and mixed questions of law and fact)
- Liteky v. United States, 510 U.S. 540, 114 S. Ct. 1517, 127 L. Ed. 2d 890 (1994) (judicial bias and remarks; standard for recusal/resentencing)
- State v. McBride, 187 Wis. 2d 409, 523 N.W.2d 106 (Ct. App. 1994) (evaluating trial court’s handling of courtroom conduct and bias)
- State v. Adams, 221 Wis. 2d 1, 584 N.W.2d 695 (Ct. App. 1998) (standards for juror instruction and conduct review)
- State v. Doss, 2008 WI 93, 312 Wis. 2d 570, 754 N.W.2d 150 (Wis. 2008) (discretion in denying mistrial; prejudice standard)
- State v. Haynes, 118 Wis. 2d 21, 345 N.W.2d 892 (Ct. App. 1984) (defendant’s right to be present in courtroom; waiver/forfeiture concepts)