State v. Lyle A. Lay, No. 2010AP81-CR, District III, 7/13/10 court of appeals decision (1-judge; not for publication); for Lay: Timothy A, Provis; BiC; Resp.; Reply An Alford plea may be one of “no contest” as well as “guilty”: ¶8 Lay is mistaken that an Alford plea cannot be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
A. Plea agreements
State v. Joshua D. Conger, 2010 WI 56, on certification; for Conger: Anthony L. O’Malley; Brief (State); Brief (Conger); Brief (Judge Grimm); Reply (Conger); Amicus (Prosecution Project, UW) Plea Bargain – Rejection A circuit court has post-arraignment authority to reject a proposed plea bargain that would result in amendment to the charge; State v. Kenyon… Read more
court of appeals decision; for Duckett: Michael K. Gould, SPD, Milwaukee Appellate; BiC; Resp. Br.; Reply Br. Guilty Pleas – Breach – Lack of Contemporaneous Objection Failure to object contemporaneously forfeits right of review of subsequently-asserted plea bargain breach. The issue therefore is reviewable only “in the context of a claim for ineffective assistance of… Read more
State v. Chase E. Kaczmarski, 2009 WI App 117 For Kaczmarski: Harold L. Harlowe, David M. Gorwitz Issue/Holding: ¶10 Both the State and Kaczmarski agree that the deferred prosecution agreement is analogous to a contract and therefore we draw upon principles of contract law in determining the respective rights of the parties to the agreement… Read more
State v. Chase E. Kaczmarski, 2009 WI App 117 For Kaczmarski: Harold L. Harlowe, David M. Gorwitz Issue: Whether commission of an offense during the period of the deferred prosecution agreement permitted resumption of the prosecution after that period expired, under the wording of the agreement. Holding: ¶13 We conclude that the deferred prosecution agreement… Read more
State v. Richard L. Wesley, 2009 WI App 118, PFR filed 8/4/09 For Wesley: Alvin Ugent Issue/Holding: A plea agreement under which the State dismissed one count “outright” and “(b)oth sides are free to argue” was ambiguous as to whether to State could argue the facts underlying the dismissed charge at sentencing: ¶17 We thus… Read more
State v. Richard L. Wesley, 2009 WI App 118, PFR filed 8/4/09 For Wesley: Alvin Ugent Issue/Holding: ¶12 The interpretation of plea agreements is rooted in contract law. See State v. Deilke, 2004 WI 104, ¶12, 274 Wis. 2d 595, 682 N.W.2d 945. Contractual language is ambiguous only when it is “reasonably or fairly susceptible… Read more
State v. Chase E. Kaczmarski, 2009 WI App 117 For Kaczmarski: Harold L. Harlowe, David M. Gorwitz Issue/Holding: ¶7 Forfeiture is a rule of judicial administration, and whether we apply the rule is a matter addressed to our discretion. [3] See Ford Motor Co. v. Lyons, 137 Wis. 2d 397, 417, 405 N.W.2d 354 (Ct… Read more
