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Jury Waiver – Challenge – Applicability of State v. Bangert

.State v. Bobby G. Grant, 230 Wis.2d 90, 601 N.W.2d 8 (Ct. App. 1999)
For Grant: Patrick M. Donnelly, SPD, Madison Appellate

Issue: Whether Grant’s waiver of jury trial was invalid because the trial court failed to advise that the verdict must be unanimous.

Holding: The procedure applicable to challenging guilty pleas, State v. Bangert, 131 Wis. 2d 246, 389 N.W.2d 12 (1986) applies to this context; therefore, in order to prosecute a challenge to jury waiver, the defendant must allege s/he didn’t understand the right to unanimous verdict, failing which the challenge necessarily fails.

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