Gregory L. Payne v. Basinger, 7th Cir No. 10-1869, 11/10/11 seventh circuit decision Ineffective Assistance of Counsel – Guilty Pleas – Prejudice The state court erroneously concluded that, because Basinger would have been convicted anyway had he gone to trial, he suffered no prejudice from counsel’s erroneous advice as to the maximum sentence he faced… Read more
A. Plea agreements
court of appeals decision (1-judge, not for publication); for Wells: Matthew Murray; case activity Plea Bargaining – Judicial Participation Neither the trial court’s allusion to the disposition it would impose if Wells pleaded guilty (“I’ll probably go along with the recommendation,” but proceeding to trial “would be a whole different ballgame”) nor its own assessment… Read more
State v. Christina L. Contizano, 2011AP477-CR, District 4, 10/27/11 court of appeals decision (1-judge, not for publication); for Contizano: Robert C. Howard III; case activity At Contizano’s sentencing for obstructing, based on lying to the police about her daughter’s location, the trial court didn’t erroneously exercise discretion in allowing Contizano’s ex-husband to advocate as a “victim” of… Read more
Premo v. Moore, USSC No. 09-659, 1/19/11, vacating grant of habeas relief, in 574 F.3d 1092 Moore, who admitted brutalizing the victim and shooting him in the temple, accepted a plea bargain on advice of counsel: he pleaded guilty to felony-murder, and received the minimum allowable sentence, thus avoiding a capital-offense charge. He raised a postconviction… Read more
Docket Decision below (CTA6) Questions Presented: Anthony Cooper faced assault with intent to murder charges. His counsel advised him to reject a plea offer based on a misunderstanding of Michigan law. Cooper rejected the offer, and he was convicted as charged. Cooper does not assert that any error occurred at the trial. On habeas review… Read more
State v. Mark Allan Campbell, 2011 WI App 18; for Campbell: Steven D. Phillips, SPD, Madison Appellate; Campbell BiC; State Resp.; Reply (Sentencing issue in the case discussed separately, here.) Plea Bargain – Breach The plea agreement required the prosecutor to recommend a 20-year sentence, comprised of 5-7 years’ confinement and the balance on extended supervision… Read more
State v. Christopher Jones, 2009AP2761-CR, District 1, 9/28/10 court of appeals decision (3-judge, not recommended for publication); for Jones: Jeremy C. Perri, SPD, Milwaukee Appellate; BiC; Resp.; Reply The court rejects a claim of an “end-run” around the plea bargain, which limited the State’s recommendation to 10 years imprisonment while leaving the “configuration” of confinement… Read more
State v. James Stoner, III, 2009AP2963, District 2, 9/22/10 court of appeals decision (1-judge, not for publication); for Stoner: Joshua Davis Uller; BiC; Resp.; Reply “Reopen-and-amend” plea bargains, “referring to those plea bargains where the State and defendant agree that a judgment of conviction, once announced, will be amended by the State upon the happening of… Read more
