State v. Derek Asunto, 2015AP50, 8/8/17, District 2 (recommended for publication); case activity (including briefs) Derek Asunto and the state agreed to resolve several charges by dismissing some and having him plead to others. At the hearing where the deal was announced to the court, he entered a plea to one criminal count. The parties… Read more
1. Validity
State v. Stephen Toliver, 2014AP2939-CR, 12/15/15, District 1 (not recommended for publication);case activity Here, in Wisconsin’s very own Jarndyce v. Jarndyce, the court of appeals upholds the denial of Toliver’s motion to withdraw his guilty plea, the circuit court’s refusal to vacate his felony murder plea, and the circuit court’s denial of his ineffective assistance… Read more
State v. Jordan A. Denk, 2008 WI 130, on certification For Denk: Lora B. Cerone, SPD, Madison Appellate Issue/Holding: Where a charge dismissed by the plea bargain arguably lacks factual basis, but the defendant receives the full benefit of the plea agreement as to the counts of conviction, an argument in favor of plea-withdrawal on… Read more
State v. Sou W. Her, 2008 WI 39, dismissing as improvidently granted, review of unpublished decision For Her: Donald J. Chewning Issue/Holding: ¶2 This case involves Her’s agreement to plead guilty in exchange for an aggregate 15-year sentence recommendation from the State (10-years initial confinement with 5-years extended supervision). The record clearly indicates that the… Read more
State v. Lawrencia Ann Bembenek, 2006 WI App 198, PFR filed 10/3/06 For Bembenek: Joseph F. Owens, Woehrer, Mary L. Issue: Whether Bembenek’s postconviction motion for DNA testing at State’s expense, as part of an effort to establish her innocence, was barred by her plea agreement whose terms included waiver of her right to direct… Read more
State v. Peter R. Cash, 2004 WI App 63 For Cash: Lynn M. Bureta Issue: Whether a plea agreement, which provided that if Cash returned stolen goods prior to sentencing the State would request that the judgment be reopened and amended from burglary to Class E felony theft, was invalid and the guilty plea therefore… Read more
State v. Anthony L. Dawson, 2004 WI App 173 For Dawson: William E. Schmaal, SPD, Madison Appellate Issue/Holding: ¶25. In sum, the State has not presented us with a valid rationale for upholding the denial of Dawson’s plea withdrawal motion. Dawson has established that his plea was not knowing and voluntary because it was induced… Read more
State v. Anthony L. Dawson, 2004 WI App 173 For Dawson: William E. Schmaal, SPD, Madison Appellate Issue: Whether a plea bargain under which the State agrees to subsequently reopen the case and amend it to a lesser charge is legally unenforceable and, thus, renders the plea unknowing and involuntary. Holding: A reopen-and-amend provision in… Read more
