State v. Pegeese

The Supreme Court affirmed the decision of the court of appeals affirming the order of the circuit court denying Petitioner's postconviction motion to withdraw his guilty plea, holding that the circuit court's plea colloquy was not defective under Wis. Stat. 971.08 or State v. Bangert, 389 N.W.2d 12 (Wis. 1986).Petitioner argued that the plea colloquy was defective because the circuit court failed sufficiently to explain, and he did not understand, the constitutional rights he would be waiving by entering a plea, and therefore, he did not knowingly, intelligently, and voluntarily enter his plea. The Supreme Court disagreed, holding that Petitioner failed to meet his burden to demonstrate that the plea colloquy was defective so as to entitle him to the relief requested, and this Court declines to exercise its superintending authority to require circuit courts to advise a defendant of each constitutional right being waived by pleading guilty. View "State v. Pegeese" on Justia Law