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Plea-Withdrawal, Post-sentence — Procedure: Prima Facie Showing, Relative to Rights Waived – Illiterate Defendant, Perfunctory Colloquy

State v. James E. Brown, 2006 WI 100, reversing summary order
For Brown: Richard D. Martin, SPD, Milwaukee Appellate

Issue/Holding: On the particular facts (illiterate defendant, no written questionnaire, perfunctory colloquy) the defendant was entitled to a Bangert hearing on whether the understood the nature of the rights waived by his guilty plea.

With respect to waiver of right to jury trial, the court intriguingly hints—but no more than that—that failure to explain “the possibility of a hung jury” might be required, ¶70 n. 28. The court also “suggest(s) that the Judicial Conference Forms Committee review the wording of this point,” id.

 

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