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Plea-Withdrawal, Post-sentence — Procedure: Prima Facie Showing, Relative to Knowledge of Charge – 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: The defendant demonstrated a prima facie showing that his guilty plea was inadequate, where he was illiterate (such that a plea questionnaire wasn’t even prepared) and the trial court’s colloquy was superficial, ¶¶53-58.

The facts are sufficiently extreme that recurrence is highly unlikely and they therefore won’t be detailed in this summary; sufficiently extreme that this case surely exists at the outer margins of what any circuit court would have deemed acceptable before, and is inconceivable after, the decision was released.


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