Grindling v. StateAnnotate this Case
The Supreme Court vacated the judgment of the intermediate court of appeals (ICA) on appeal and affirmed the circuit court's order granting Petitioner's petition for post-conviction relief on the ground that the trial court's failure to conduct a colloquy with Defendant when accepting a stipulation to elements of the charged offense was plain error.
Defendant was charged with drug-related crimes. During trial, the parties entered into a stipulation to elements of the charged offenses. The jury subsequently convicted Defendant on both charges. Defendant later filed a petition to vacate, set aside, or correct the judgment asserting that his constitutional rights to a fair trial were violated when the circuit court failed to conduct an on-the-record colloquy with him regarding his waiver of the right to proof of an element of a charge before accepting the stipulation. The circuit court granted the petition and ordered that a new trial be held. The ICA vacated the circuit court's order granting the petition. The Supreme Court vacated the ICA's judgment, holding that the circuit court did not err in concluding that the trial court's failure to conduct an on-the-record colloquy with Defendant before accepting the stipulation establishing an element of the charged offenses was plain error.