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