State v. Jarmal Nelson, 2005 WI App 113 For Nelson: Wm. J. Tyroler, SPD, Milwaukee Appellate Issue/Holding: ¶11 “A defendant seeking to withdraw a plea of guilty or no contest prior to sentencing must show that there is a ‘fair and just reason,’ for allowing him or her to withdraw the plea.” State v. Kivioja… Read more
Published 2005
State v. Jeremy K. Morse, 2005 WI App 223 For Morse: Amelia L. Bizarro Issue/Holding: ¶10 Here, the record reflects that Morse failed to demonstrate either a statutory or a Bangert violation. The plea hearing addressed all the appropriate issues and contains no statutory violations. The plea was extensive and complete. The fact that Morse… Read more
State v. Jarmal Nelson, 2005 WI App 113 For Nelson: Wm. J. Tyroler, SPD, Milwaukee Appellate Issue/Holding: Given that the record established Nelson’s ignorance of the potential for commitment as a sexually violent person (ch. 980) as a result of his guilty pleas, the trial court’s conclusion that he presented a “fair and just” reason… Read more
State v. Jarmal Nelson, 2005 WI App 113 For Nelson: Wm. J. Tyroler, SPD, Milwaukee Appellate Issue: Whether, after Nelson demonstrated a “fair and just” reason for pre-sentencing plea withdrawal, the State satisfied is concomitant burden of showing “substantial prejudice” in order to defeat the motion, where the principal complainant could no longer be found… Read more
State v. Xavier J. Rockette, 2005 WI App 205 For Rockette: Timothy A. Provis Issue/Holding: Issue/Holding: Trial court’s error in refusing to order suppression of statement was harmless under § 971.31(10), under following circumstances: ¶27 We conclude that the result in this case would have been the same beyond a reasonable doubt even if the… Read more
State v. Jeremy K. Morse, 2005 WI App 223 For Morse: Amelia L. Bizarro Issue: Whether Morse was entitled to plea-withdrawal on the basis of claimed newly discovered evidence, in the form of taped jail conversations between inmates discussing his case, and certain police reports. Holding: The trial court’s findings that the tapes were inadmissible… Read more
State v. Monika S. Lackershire, 2005 WI App 265, reversed, 2007 WI 74 For Lackershire: Steven P. Weiss, SPD, Madison Appellate Issue: Whether Lackershire, an adult female convicted of sexual assault (intercourse) of a child, established a prima facie case for plea-withdrawal due to lack of adequate understanding of the elements. Holding: ¶8 Initially, we note that in… Read more
State v. Gwendolyn McGee, 2005 WI App 97 For McGee: Amelia L. Bizarro Issue/Holding: The disobedient-child defense to a compulsory-attendance charge is an affirmative defense issue to be presented to the fact-finder at trial for resolution (as opposed to disposition by pretrial motion)… Read more
