Please ensure Javascript is enabled for purposes of website accessibility

Colloquy Defect

By: Derek Hawkins//March 14, 2017//

Colloquy Defect

By: Derek Hawkins//March 14, 2017//

Listen to this article

WI Court of Appeals – District III

Case Name: State of Wisconsin v. Darrin H. Church

Case No.: 2015AP2513-CR; 2015AP2314-CR; 2015AP2315-CR

Officials: Lundsten, Sherman and Blanchard, JJ.

Focus: Colloquy Defect

Darrin Church appeals judgments of conviction and orders denying his motion for postconviction relief. We conclude that, although in almost all respects the circuit court conducted an exemplary plea colloquy, State v. Hoppe, 2009 WI 41, 317 Wis. 2d 161, 765 N.W.2d 794, compels the conclusion that a single omission by the circuit court regarding Church’s right to a unanimous verdict constitutes a plea colloquy defect under State v. Bangert, 131 Wis. 2d 246, 389 N.W.2d 12 (1986). Because we conclude that there was a plea colloquy defect regarding jury unanimity, we reverse and remand for an evidentiary hearing at which the State will have the burden of proving that Church understood, prior to his pleas, that he had a right to a unanimous verdict.

Full Text


Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.

Polls

Should Steven Avery be granted a new evidentiary hearing?

View Results

Loading ... Loading ...

Legal News

See All Legal News

WLJ People

Sea all WLJ People

Opinion Digests