Byline: David Ziemer
A state trial court's arbitrary insistence on going to trial as scheduled, despite the defendant's request for substitution of counsel and a continuance, will result in a new trial for the defendant.
On May 19, in a decision by Judge Terence T. Evans, the Seventh Circuit affirmed the granting of a habeas corpus petition last year by U.S. District Court Judge Lynn Adelman. Carlson v. Jess, 507 F.Supp.2d 968 (E.D.Wis.2007).
In 2002, Matthew S. Carlson was charged in Ozaukee County Circuit Court with sexually assaulting Gino on two occasions, once in 1996, and once in 1998.
A week before trial, approximately four months after charges were filed, Carlson moved for substitution of counsel and for a continuance, to give new counsel time to prepare.
Carlson was in custody at the time, and had been since the charges were filed.
The new attorney explained that she wished to explore Gino's motives for making the allegation and to engage an expert to explain the significance of the many years that elapsed between the alleged incidents and their reporting.
In addition, Carlson had a prior conviction in 1996 for sexual assault of a child. After Carlson was convicted, Gino had been asked by grandparents if Carlson had ever assaulted him as well, and he replied that he had not.
Carlson's attorney did not want to explore this at trial, because it...
