State v. Matthew Robert Mayotte, 2022AP1695, 1/23/24, District 3 (not recommended for publication); case activity (including briefs) Given the state of the postconviction record and COA’s narrow reading of precedent, Mayotte fails to establish he is entitled to plea withdrawal given his misunderstanding of the consequences of his Alford plea. This is probably one of the… Read more
3. Alford plea
State v. Kevin L. Nash, 2020 WI 85, 11/19/20, affirming a per curiam court of appeals decision; case activity (including briefs) Before accepting a plea entered under North Carolina v. Alford, 400 U.S. 25 (1970), a circuit court must determine whether there is “strong proof of guilt” sufficient to “substantially negate” the defendant’s claims of… Read more
State v. Kevin L. Nash, 2018AP731-CR, petition for review of a per curiam opinion granted 12/10/19, case activity (including briefs) Issue presented: When accepting a guilty plea under Alford v. North Carolina, 400 U.S. 25 (1970), a circuit court may find there is a factual basis for the plea only if there is “strong proof… Read more
State v. Henry J. Bloedorn, 2015AP953-CR, 4/6/2016, District 2 (not recommended for publication); case activity (including briefs) Henry Bloedorn brought three ineffective assistance claims regarding the attorney who represented him during his plea and sentencing. That attorney’s unchallenged testimony at the Machner hearing convinced the circuit court, and now the court of appeals, that his performance… Read more
State v. Lyle A. Lay, No. 2010AP81-CR, District III, 7/13/10 court of appeals decision (1-judge; not for publication); for Lay: Timothy A, Provis; BiC; Resp.; Reply An Alford plea may be one of “no contest” as well as “guilty”: ¶8 Lay is mistaken that an Alford plea cannot be entered within the context of pleading… Read more
State v. William F. Williams, 2000 WI App 123, 237 Wis.2d 591, 614 N.W.2d 11 For Williams: Steven P. Weiss, SPD, Madison Appellate Issue: Whether the trial court’s express policy of never accepting an “Alford” plea worked an erroneous refusal to accept such a plea. Holding: ¶8 Even if we were to determine that the… Read more
State v. Anna Annina, 2006 WI App 202 For Annina: Robert R. Henak Issue/Holding: ¶9 Annina seeks to withdraw her Alford plea on the grounds that a manifest injustice has occurred. “Withdrawal of a plea following sentencing is not allowed unless it is necessary to correct a manifest injustice.” State v. Smith, 202 Wis. 2d 21, 25, 549… Read more