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
8. Plea bargain breach
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. Lawrencia Ann Bembenek, 2006 WI App 198, PFR filed 10/3/06 For Bembenek: Joseph F. Owens, Mary L. Woehrer Issue/Holding: Bembenek breached her plea agreement (which contained a no-attack or appeal clause) by filing a motion for DNA testing to establish her innocence; the remedy for this breach is dismissal of her appeal of… Read more
State v. Steven A. Harvey, 2006 WI App 26 For Harvey: Christopher William Rose Issue/Holding: Plea bargain, which permitted State to comment on facts but not to make specific sentencing recommendation was not violated by State’s presentation of victim and others who themselves asked for maximum penalty: ¶40 We first disagree that the State breached… Read more
State v. Richard L. Bowers, 2005 WI App 72 For Bowers: George Tauscheck Issue/Holding: The State’s immediate correction of recommended disposition in excess of the plea bargain’s limit rendered the breach insubstantial and therefore not actionable; State v. Knox, 213 Wis. 2d 318, 321, 570 N.W.2d 599 (Ct. App. 1997), followed: ¶12. We reach the… Read more
State v. Brad S. Miller, 2005 WI App 114 For Miller: William E. Schmaal, SPD, Madison Appellate Issue/Holding: ¶8 In State v. Sprang, 2004 WI App 121, 274 Wis. 2d 784, 683 N.W.2d 522, we explained that when a prosecutor breaches a plea agreement by arguing for a harsher sentence than the one the prosecutor… 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
