State v. Nhia Lee

Summary

The Wisconsin Supreme Court dismissed as improvidently granted Nhia Lee’s petition for review of a Court of Appeals decision concerning delays in holding a preliminary examination and the appointment of counsel. The Court of Appeals had ordered dismissal of the criminal complaint without prejudice for lack of personal jurisdiction. A concurrence and dissent discussed the appropriate remedy and systemic issues involving appointed counsel for indigent defendants.

Questions Presented

1. Whether the Wisconsin Supreme Court should decide the issues raised in Lee's petition for review or dismiss the review as improvidently granted.
2. Whether the failure to hold Lee's preliminary examination within the statutory ten-day period required dismissal with prejudice or dismissal without prejudice for lack of personal jurisdiction.
3. Whether the delay in holding the preliminary examination implicated Lee's speedy-trial, right-to-counsel, or due-process claims.
4. Whether the Wisconsin Supreme Court should use its superintending authority to require circuit courts to appoint counsel at county expense when State Public Defender counsel is not timely available.

Disposition

dismissed