Please ensure Javascript is enabled for purposes of website accessibility

Plea Colloquy

By: Derek Hawkins//June 26, 2019//

Plea Colloquy

By: Derek Hawkins//June 26, 2019//

Listen to this article

WI Supreme Court

Case Name: State of Wisconsin v. Javien Cajujuan Pegeese

Case No.: 2019 WI 60

Focus: Plea Colloquy

This is a review of an unpublished, per curiam decision of the court of appeals, State v. Pegeese, No. 2017AP741–CR, unpublished slip op. (Wis. Ct. App. Jun. 21, 2018), affirming the circuit court’s order denying Javien Cajujuan Pegeese’s (“Pegeese”) postconviction motion to withdraw his guilty plea. Pegeese claims that the circuit court’s plea colloquy was defective under Wis. Stat. § 971.08 (2015–16) and State v. Bangert, 131 Wis. 2d 246, 389 N.W.2d 12 (1986), because the circuit court failed to sufficiently explain, and Pegeese did not understand, the constitutional rights he would be waiving by entering a plea. As a result of the claimed defects, Pegeese argues that he did not knowingly, intelligently, and voluntarily enter his plea. Pegeese seeks to withdraw his plea and asks that this court remand to the circuit court for an evidentiary hearing under Bangert. Pegeese also requests that this court exercise its superintending authority to require circuit courts to, at every plea colloquy, verbally advise a defendant of each individual constitutional right being waived and verify that a defendant understands the waiver of each right.

The State asserts that the circuit court’s plea colloquy was not defective because a “Plea Questionnaire/Waiver of Rights” form (“Form CR-227”), completed by Pegeese with counsel prior to the colloquy, expressly listed each constitutional right Pegeese waived and required Pegeese to indicate next to each right that he knew and understood the right he was waiving. The State asserts that the in-court colloquy otherwise ensured that Pegeese was knowingly, intelligently, and voluntarily waiving his constitutional rights. The State therefore argues that Pegeese has not met his burden to show that he is entitled to a Bangert hearing, and that this court should not exercise its superintending authority, as Pegeese proposes, that circuit courts be required to personally advise defendants of each constitutional right being waived.

The circuit court’s colloquy with Pegeese verified that the constitutional rights at issue were contained in Form CR-227, that Pegeese completed and signed the form with counsel, and that he wanted no further time to discuss matters with his lawyer. The colloquy further verified that Pegeese comprehended the contents of the form, and he and his lawyer acknowledged that he understood each constitutional right he was waiving by pleading guilty. The circuit court concluded that Pegeese was “freely, knowingly[,] and intelligently” entering his plea.

We conclude that Pegeese has not met his burden to demonstrate that the plea colloquy was defective so as to entitle him to the relief requested. We further decline to exercise our superintending authority to impose a specific requirement that at a plea hearing circuit courts must individually recite and specifically address each constitutional right being waived and then otherwise verify the defendant’s understanding of each constitutional right being waived. Therefore, we affirm the court of appeals.

Decision

Concur: DALLET, J. concurs, joined by A.W. BRADLEY, J. (opinion filed).

Dissent:

Full Text


Derek A Hawkins is trademark corporate counsel for Harley-Davidson. Hawkins oversees the prosecution and maintenance of the Harley-Davidson’s international trademark portfolio in emerging markets.

Polls

Should Wisconsin Supreme Court rules be amended so attorneys can't appeal license revocation after 5 years?

View Results

Loading ... Loading ...

Legal News

See All Legal News

WLJ People

Sea all WLJ People

Opinion Digests