NCJ Number
56658
Journal
Marquette Law Review Volume: 58 Issue: 4 Dated: (1975) Pages: 631-658
Date Published
1975
Length
28 pages
Annotation
THIS ARTICLE REVIEWS THE WISCONSIN CASE LAW CONCERNING THE VOLUNTARY ENTRY OF GUIULTY PLEAS, AND INDICATES THE DIFFICULTIES CONFRONTING DEFENDANTS WHO ENTER GUILTY PLEAS AND THEN SEEK POST-CONVICTION ABSOLUTION.
Abstract
THE WISCONSIN COURTS, IN COMPLIANCE WITH CONSTITUTIONAL AND PROCEDURAL MANDATES, MUST GUARANTEE THAT PLEAS OF GUILTY ARE VOLUNTARILY ENTERED AND ARE BASED ON THE TRUTH OF GENUINE GUILT. THE CONTROLLING FACTORS IN DETERMINING CAPACITY TO ENTER A GUILTY PLEA ARE THE DEFENDANT'S AGE, EDUCATION, AND MENTAL CAPACITY. WHERE THE RECORD SHOWS THAT THE GUILTY PLEA WOULD NOT HAVE BEEN GIVEN IF THE DEFENDANT HAD HAD COUNSEL, THE PLEA IS INVALID. ALTHOUGH WISCONSIN LAW REQUIRES OBSERVANCE OF THE DEFENDANT'S RIGHT TO COUNSEL, THE LACK OF SUCH COUNSEL RAISES AN ISSUE WHICH MUST BE PRESERVED BY POST-CONVICTION MOTION IN THE TRIAL COURT AS A CONDITION TO RAISING IT ON APPEAL. WITHOUT SUCH MOTION, THE RIGHT TO COUNSEL WOULD BE DEEMED WAIVED. THE DECISION OF THE U.S. SUPREME COURT IN BOYKIN V. ALABAMA (1969) APPLIES TO WISONSIN PROCEDURE, HOLDING THAT THE DEFENDANT MUST KNOWINGLY SURRENDER HIS OR HER RIGHT TO TRIAL, AND THAT THE RECORD SHOWS CLEARLY THAT THE GUILTY PLEA WAS ENTERED VOLUNTARILY. WISCONSIN STATE COURTS HAVE ENUMERATED THE GUIDELINES FOR TRIAL JUDGES' INQUIRY INTO DEFENDANTS' UNDERSTANDING AND FREE WILL. A FULFILLED PLEA BARGAIN NEGATES LATER ALLEGATIONS OF COERCION, EVEN IF THE JUDGE DOES NOT FOLLOW THE PROSECUTOR'S RECOMMENDATION OF PROBATION. PLEA WITHDRAWAL IS ALLOWED ONLY TO CORRECT A CLEAR INJUSTICE. ADDITIONAL DISCUSSION CONCERNS THE USE OF FEDERAL HABEAS CORPUS, AND STATE APPELLATE REVIEW. A PROPOSED 'GUIDEBOOK' FOR JUDGES AND ATTORNEYS' USE IN PREPARING THE TRIAL RECORD IS APPENDED. FOOTNOTES ARE PROVIDED. (TWK)