An indigent sexually violent person is constitutionally entitled to assistance of counsel in bringing a first appeal as of right from a denial of the person’s petition for supervised release. State ex rel. Seibert v. Macht, 2001 WI 67, 244 Wis. 2d 378, 627 N.W.2d 881, 99-3354. There was ineffective assistance of counsel when the notice of appeal for the denial of a ch. 980 petition for supervised release was filed one day late in circuit court. Under Douglas, 372 U.S. 353 (1963), and Anders, 386 U.S. 738 (1967), the court of appeals could not conduct an independent review for error when the individual lacked requested representation. State ex rel. Seibert v. Macht, 2001 WI 67, 244 Wis. 2d 378, 627 N.W.2d 881, 99-3354. A reviewing court is not required to view defense counsel’s subjective testimony as dispositive of an ineffective assistance claim. The testimony is simply evidence to be considered along with other evidence in the record that a court will examine in assessing counsel’s overall performance. State v. Kimbrough, 2001 WI App 138, 246 Wis. 2d 648, 630 N.W.2d 752, 00-2133. For a knowing and voluntary waiver of counsel on direct appeal, the defendant must be aware of: 1) the rights to an appeal, to the assistance of counsel for the appeal, and to opt for a no-merit report; 2) the dangers and disadvantages of proceeding pro se; and 3) the possibility that if appointed counsel is permitted to withdraw, successor counsel may not be appointed. The necessary colloquy may be accomplished by written communications with the defendant, initiated either by the court or by counsel seeking to withdraw. State v. Thornton, 2002 WI App 294, 259 Wis. 2d 157, 656 N.W.2d 45, 01-0726. Opening a letter marked “Legal Papers” outside of an inmate’s presence may have violated an administrative rule, but it was not a violation of the 6th amendment right to counsel. For the right to counsel to have an arguable application, there must, as a threshold matter, be some evidence that the documents in the envelope were communications with an attorney. State v. Steffes, 2003 WI App 55, 260 Wis. 2d 841, 659 N.W.2d 445, 02-1300. When in closing argument counsel concedes guilt on a lesser count in a multiple-count case, in light of overwhelming evidence on that count and in an effort to gain credibility and win acquittal on the other charges, the concession is a reasonable tactical decision and counsel is not deemed to have been constitutionally ineffective by admitting a client’s guilt contrary to the client’s plea of not guilty. State v. Gordon, 2003 WI 69, 262 Wis. 2d 380, 663 N.W.2d 765, 01-1679. When a court finds numerous deficiencies in a counsel’s performance, it need not rely on the prejudicial effect of a single deficiency if, taken together, the deficiencies establish cumulative prejudice. Whether the aggregated errors by counsel will be enough to meet the Strickland, 466 U.S. 668 (1984), prejudice requirement depends upon the totality of the circumstances at trial, not the totality of the representation provided to the defendant. State v. Thiel, 2003 WI 111, 264 Wis. 2d 571, 665 N.W.2d 305, 01-1589. Under Dean, 163 Wis. 2d 503 (1991), a trial court is only obligated to advise a defendant of the right to counsel. The trial court is not required to conduct a colloquy that includes specific advice to a defendant that the right to appointed counsel is broader than the right to counsel provided by the state public defender and includes the right to counsel appointed by the court and paid for by the county. State v. Drexler, 2003 WI App 169, 266 Wis. 2d 438, 669 N.W.2d 182, 02-1313. No law requires that a motion to withdraw be filed any time an attorney appointed by the public defender terminates the attorney’s postconviction/appellate representation of a defendant. Counsel for the defendant did not render ineffective assistance by closing his file without first obtaining court permission to withdraw or otherwise seeking a contemporaneous judicial determination that his client had knowingly waived either the right to appeal or the right to counsel. State ex rel. Ford v. Holm, 2004 WI App 22, 269 Wis. 2d 810, 676 N.W.2d 500, 02-1828. An attorney may not substitute narrative questioning for the traditional question and answer format unless counsel knows that the client intends to testify falsely. Absent the most extraordinary circumstances, such knowledge must be based on the client’s expressed admission of intent to testify untruthfully. While the defendant’s admission need not be phrased in magic words, it must be unambiguous and directly made to the attorney. State v. McDowell, 2004 WI 70, 272 Wis. 2d 488, 681 N.W.2d 500, 02-1203. When a defendant informs counsel of the intention to testify falsely, the attorney’s first duty shall be to attempt to dissuade the client from the unlawful course of conduct. The attorney should then consider moving to withdraw from the case. If the motion to withdraw is denied and the defendant insists on committing perjury, counsel should proceed with the narrative form of questioning, advising the defendant beforehand of what that entails and informing opposing counsel and the circuit court of the change of questioning style prior to use of the narrative. State v. McDowell, 2004 WI 70, 272 Wis. 2d 488, 681 N.W.2d 500, 02-1203. An alleged violation of the requirements of Klessig, 211 Wis. 2d 194 (1997), can form the basis of a collateral attack as long as the defendant makes a prima facie showing that the defendant did not knowingly, intelligently, and voluntarily waive the defendant’s constitutional right to counsel, which shifts the burden to prove that the defendant validly waived the right to counsel to the state. The state may elicit testimony from the defendant at an evidentiary hearing in an attempt to meet its burden and, in turn, the defendant may not raise the 5th amendment privilege against testifying. State v. Ernst, 2005 WI 107, 283 Wis. 2d 300, 699 N.W.2d 92, 03-1728. When a defendant seeks to proceed pro se, the circuit court undertakes a two-part inquiry, ensuring that the defendant: 1) has knowingly, intelligently, and voluntarily waived the right to counsel; and 2) is competent to proceed pro se. The record must demonstrate an identifiable problem or disability that may prevent the defendant from making a meaningful defense. The circuit court need not always make an express finding as to which specific problem or disability prevented the defendant from being able to meaningfully represent himself or herself. State v. Marquardt, 2005 WI 157, 286 Wis. 2d 204, 705 N.W.2d 878, 04-0958. A deaf defendant who was shackled during trial and sentencing had the burden to show that the defendant in fact was unable to communicate, not that the defendant theoretically might have had such difficulty. State v. Russ, 2006 WI App 9, 289 Wis. 2d 65, 709 N.W.2d 483, 04-2869. A defendant’s constitutional right to effective representation for the purpose of exercising the right to directly appeal a conviction did not require postconviction counsel to offer the defendant the option of a “partial no-merit” report on any potential issues remaining after the defendant declined for strategic reasons to pursue an issue having arguable merit. The U.S. Constitution requires only that an indigent’s appeal will be resolved in a way that is related to the merit of that appeal. State ex rel. Ford v. Holm, 2006 WI App 176, 296 Wis. 2d 119, 722 N.W.2d 609, 02-1828. While courts sometimes can override a defendant’s choice of counsel when deemed necessary, nothing requires them to do so. Requiring a court to disqualify an attorney because of a conflict of interest would infringe upon the defendant’s right to retain counsel of the defendant’s choice and could leave the accused with the impression that the legal system had conspired against the accused. State v. Demmerly, 2006 WI App 181, 296 Wis. 2d 153, 722 N.W.2d 585, 05-0181. Generally, a defendant who validly waives the right to conflict-free representation also waives the right to claim ineffective assistance of counsel based on the conflict, although there may be instances in which counsel’s performance is deficient and unreasonably so even in light of the waived conflict of interest. State v. Demmerly, 2006 WI App 181, 296 Wis. 2d 153, 722 N.W.2d 585, 05-0181. A lawyer’s failure to investigate is not deficient performance if the lawyer reasonably concludes, based on facts of record, that any investigation would be mere wheel-spinning and fruitless. When there is reason to believe that pursuing certain investigations would be fruitless or even harmful, counsel’s failure to pursue those investigations may not later be challenged as unreasonable. State v. Walker, 2007 WI App 142, 302 Wis. 2d 735, 735 N.W.2d 582, 06-0562. It is recommended, if not required, that circuit courts take certain steps to determine whether a defendant has forfeited the right to counsel: 1) provide explicit warnings that, if the defendant persists in specific conduct, the court will find that the right to counsel has been forfeited; 2) engage in a colloquy indicating that the defendant has been made aware of the difficulties and dangers inherent in self-representation; 3) make a clear ruling when the court deems the right to counsel to have been forfeited; and 4) make factual findings to support the court’s ruling. State v. McMorris, 2007 WI App 231, 306 Wis. 2d 79, 742 N.W.2d 322, 06-0772. But see State v. Suriano, 2017 WI 42, 374 Wis. 2d 683, 893 N.W.2d 543, 15-0959. It would be unreasonable to require a circuit court to engage in a colloquy to ensure that the defendant deliberately relinquished the right to counsel in circumstances where the defendant will verbally insist he or she did not. In cases in which the defendant’s words are inconsistent with the defendant’s conduct, such a colloquy would be farcical. State v. McMorris, 2007 WI App 231, 306 Wis. 2d 79, 742 N.W.2d 322, 06-0772. Although an indigent defendant does not have the right to pick the defendant’s trial lawyer, the defendant is entitled to a lawyer with whom the defendant can communicate. The ability-to-communicate assessment is left to the reasoned discretion of the trial court. The court must make sufficient inquiry to ensure that a defendant is not cemented to a lawyer with whom full and fair communication is impossible; mere conclusions, unless adequately explained, will not fly. State v. Jones, 2007 WI App 248, 306 Wis. 2d 340, 742 N.W.2d 341, 07-0226. There is no 6th amendment effective assistance of counsel right to subpoena police reports and other non-privileged materials prior to a preliminary examination. State v. Schaefer, 2008 WI 25, 308 Wis. 2d 279, 746 N.W.2d 457, 06-1826. Wisconsin affords a convicted person the right to postconviction counsel. It would be absurd to suggest that a person has a right to counsel at trial and a right to counsel on appeal, but no right to the assistance of counsel at a postconviction proceeding in the circuit court, which is often the precursor to and augments the record for an appeal. State v. Peterson, 2008 WI App 140, 314 Wis. 2d 192, 757 N.W.2d 834, 07-1867. A defendant does not have the right to be represented by: 1) an attorney the defendant cannot afford; 2) an attorney who is not willing to represent the defendant; 3) an attorney with a conflict of interest; or 4) an advocate who is not a member of the bar. State v. Peterson, 2008 WI App 140, 314 Wis. 2d 192, 757 N.W.2d 834, 07-1867. The circuit court’s decision to remove counsel of choice is discretionary. The court does not have unfettered freedom to deprive a defendant of retained counsel. Whether removal for conflict was proper rests on whether the court balanced the defendant’s right to be represented by retained counsel against the court’s interest in the appearance of fairness and diffusing what it characterized as a potential conflict. State v. Peterson, 2008 WI App 140, 314 Wis. 2d 192, 757 N.W.2d 834, 07-1867. When making a determination whether to allow the defendant’s counsel of choice to participate, the circuit court must balance the defendant’s right to select counsel against the public’s interest in the prompt and efficient administration of justice. Several factors assist the court in balancing the relevant interests, for example: the length of delay requested; whether competent counsel is presently available and prepared to try the case; whether prior continuances have been requested and received by the defendant; the inconvenience to the parties, witnesses, and the court; and whether the delay seems to be for legitimate reasons or whether its purpose is dilatory. State v. Prineas, 2009 WI App 28, 316 Wis. 2d 414, 766 N.W.2d 206, 07-1982.