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
A. Plea agreements
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
State v. Rex E. Wollenberg, 2004 WI App 20, PFR filed 1/8/04 For Wollenberg: Susan E. Alesia, SPD, Madison Appellate Issue/Holding: ¶14. Wollenberg cites State v. Jankowski, 173 Wis. 2d 522, 528, 496 N.W.2d 215 (Ct. App. 1992), to support his claim that he cannot be convicted on the basis of a legal nullity. Jankowski… Read more
State v. Rex E. Wollenberg, 2004 WI App 20, PFR filed 1/8/04 For Wollenberg: Susan E. Alesia, SPD, Madison Appellate Issue: Whether Wollenberg is entitled to withdraw his plea because the procedure for a deferred prosecution agreement (DPA), § 971.39, wasn’t followed. Holding: ¶6. Wollenberg presents no evidence, other than his own arguments, that there… Read more
State v. Victor Naydihor, 2004 WI 43, affirming 2002 WI App 272, 258 Wis. 2d 746, 654 N.W.2d 479 For Naydihor: Philip J. Brehm Issue: Whether the State’s allocution amounted to an end-run violation of its obligation to recommend probation at sentencing by stressing Naydihor’s “lengthy history of polysubstance abuse,” his presentation of danger to… Read more
State v. Brian W. Sprang, 2004 WI App 121 For Sprang: Jefren E. Olsen, SPD, Madison Appellate Issue: Whether the prosecutor breached the plea agreement, which called for recommendation of probation but left a free hand to argue terms and conditions, by expressly referring to the possibility of treatment in a prison setting and by… Read more
State v. Jesse Liukonen, 2004 WI App 157 For Liukonen: Russell L. Hanson Issue:Whether the State breached the plea agreement to cap its sentencing recommendation at a total of 17 years’ incarceration, by asserting: “the more I looked at this case, the more I heard from the victims, the more I argue today, I realize… Read more
State v. Rudolph L. Jackson, 2004 WI App 132, PFR filed 6/15/04 For Jackson: Andrea Cornwall, SPD, Milwaukee Appellate Issue: Whether the prosecutor violated an agreement not to make a specific sentencing recommendation by expressing outrage at recommendations proffered on Jackson’s behalf and by urging the court to take into account the deterrent effect of… Read more
