2009AP694-CR State v. Denson

By: WISCONSIN LAW JOURNAL STAFF//July 13, 2011//

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Criminal Procedure
Right not to testify

Circuit courts are not required to conduct an on-the-record colloquy to determine whether a defendant is knowingly, voluntarily, and intelligently waiving his or her right not to testify.

“[D]ifferent from our conclusion in Weed, see 263 Wis. 2d 434, ¶¶41-42, we conclude that the risk that a circuit court’s inquiry into a criminal defendant’s decision to testify will influence the defendant to waive his or her right to testify or will improperly interfere with defense strategy outweighs the benefit of mandating an on-the-record colloquy to ensure that the defendant is knowingly, voluntarily, and intelligently waiving his or her right not to testify.”

Affirmed.

2009AP694-CR State v. Denson

Ziegler, J.

Attorneys: For Appellant: Odrzywolski, Donna, Wauwatosa; For Respondent: White, Thomas G., Janesville; Whelan, Maura F.J., Madison

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