Plea Colloquy

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WI Court of Appeals – District I

Case Name: State of Wisconsin v. Orlando C. Davis

Case No.: 2018AP2326-CR

Officials: DUGAN, J.

Focus: Plea Colloquy

Orlando C. Davis appeals the judgment of conviction, entered on his guilty pleas to the following three misdemeanors: (1) intimidation of a victim, as an act of domestic abuse, as a repeater; (2) knowingly violating a domestic abuse order-injunction, as an act of domestic abuse, as a repeater; and (3) criminal trespass to a dwelling, as an act of domestic abuse, as a repeater. He also appeals the denial of his postconviction motion for an order allowing him to withdraw his guilty pleas.

In his motion, Davis alleged that during the plea colloquy the trial court failed to explain the elements of the offenses that he was pleading guilty to, and it did not determine if Davis had read the relevant jury instructions or if trial counsel had read them to him. Davis argued that he did not understand the elements of those offenses when he entered his guilty pleas and, therefore, his pleas were not knowing, intelligent, or voluntary. As stated, the motion was denied. On appeal, Davis argues that the postconviction court erred as a matter of law because it held that the trial court’s plea colloquy complied with Wisconsin law and because it assigned him the burden of proving that his guilty pleas were not knowing, intelligent, and voluntary. We affirm the judgment and order.

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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.