State v. Lagrone
Annotate this CaseDefendant pleaded not guilty by reason of mental disease or defect to strangulation and suffocation and related crimes. After a plea hearing, the parties agreed that Defendant would plead guilty to all five criminal counts against him but that the case would be tried on the mental responsibility phase of the bifurcated trial. During the responsibility phase of Defendant’s bifurcated trial, the circuit court did not conduct a right-to-testify colloquy with Defendant. The court adjudged Defendant guilty of the five counts against him. Defendant filed a postconviction motion arguing that because he did not understand that he had a right to testify at the responsibility phase, he was entitled to an evidentiary hearing under State v. Garcia for a determination as to whether he properly waived his right to testify. The lower courts denied relief. The Supreme Court affirmed, holding (1) upon a plea of not guilty by reason of mental disease or defect, a circuit court is not required to conduct a right-to-testify colloquy at the responsibility phase of a bifurcated trial; and (2) Defendant in this case was not entitled to an evidentiary hearing because he did not make the requisite showing for such a hearing.
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