On Point blog, page 1 of 1
COA applies harmless error rule to statutory right to be present at plea hearing, holds any error was harmless
State v. Charles Williams, 2024AP1424-CR, 12/2/25, District III (authored, not recommended for publication); case activity
Williams argues that the circuit court erred by denying his postconviction motion to withdraw his plea because he did not knowingly, intelligently, and voluntarily waive his right, under WIS. STAT. § 971.04(1)(g), to appear in person at the plea hearing. COA assumes without deciding that Williams did not waive his right to be present, but concludes that any error was harmless and affirms.
Guilty Pleas – “Remote” Appearance – Defendant’s Inability to Confer with Counsel during Colloquy
Wright v. Joseph L. Van Patten,552 US 120 (2008)
Prior history: Joseph Van Patten v. Deppisch, 434 F.3d 1038 (7th Cir. 2006), reinstated, 489 F. 3d 827, 2007, on remand from the Supreme Court for further consideration in light of Carey v. Musladin, 549 U. S. ___ (2006); on habeas review of,
Defendant’s Presence — “Remote” Appearance by Video, at Plea and Sentencing
State v. Lawrence P. Peters, 2000 WI App 154, 237 Wis. 2d 741, 615 N.W.2d 655, petition for rev. gr., 11/15/00, reversed on other grounds, 2001 WI 74
For Peters: Jane K. Smith
Issue: Whether a prior offense may be used to enhance a current one, where the plea and sentencing on the prior offense were accomplished by closed-circuit television.
Holding: Although the procedure used in the prior offense violated the § 971.04(1) statutory mandate of actual physical presence,