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
A. Plea agreements
State v. Sou W. Her, 2008 WI 39, dismissing as improvidently granted, review of unpublished decision For Her: Donald J. Chewning Issue/Holding: ¶2 This case involves Her’s agreement to plead guilty in exchange for an aggregate 15-year sentence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. Miguel E. Marinez, Jr., 2008 WI App 105, (AG’s) PFR filed 7/15/08; prior history: certification, denied 4/3/08 For Marinez: Eileen A. Hirsch, SPD, Madison Appellate Issue/Holding: ¶1 At issue here is whether a trial judge is prohibited from informing a defendant that the judge intends to exceed a sentencing recommendation in a plea agreement… Read more
State v. Mark J. Roou, 2007 WI App 193 For Roou: John P. Tedesco, SPD, Madison Appellate Issue1: Whether the defendant was entitled to plea-withdrawal on both plea-based counts or only the one count as to which the plea was defective (given that the State promised not to re-prosecute the latter count). Holding1: ¶16 Roou… Read more
State v. David C. Quarzenski, 2007 WI APP 212, PFR filed 9/21/07 For Quarzenski: Martin E. Kohler, Christopher M. Eippert Issue: Whether counsel was ineffective for failing to object to the State’s sentencing recommendation where: under the plea bargain the State agreed to and in fact “capped” its recommendation on several counts to a total… 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. Sean M. Daley, 2006 WI App 81, on remand, PFR filed 5/10/06; prior history: 2005 WI App 260, decision vacated and remanded, 2006 WI 25 For Daley: Kirk B. Obear Issue/Holding: Motion for plea-withdrawal following revocation of a deferred prosecution agreement but before sentencing has been imposed is gauged by the manifest injustice… 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
