State v. Robert C. Deilke, 2004 WI 104, reversing 2003 WI App 151, 266 Wis. 2d 274, 667 N.W.2d 867 For Deilke: Kelly J. McKnight Issue: Whether a defendant’s successful challenge to a prior plea-bargain based conviction that is being used as an enhancer in a current proceeding amounts to a breach of that prior… Read more
8. Plea bargain breach
State v. John D. Williams, 2002 WI 1, affirming 2001 WI App 7, 241 Wis. 2d 1, 624 N.W.2d 164 For Williams: John A. Pray Issue/Holding: ¶46. We must examine the entire sentencing proceeding to evaluate the prosecutor’s remarks. Upon reviewing the State’s comments in the context of the sentencing hearing, we conclude, as a… Read more
State v. John D. Williams, 2002 WI 1, affirming 2001 WI App 7, 241 Wis. 2d 1, 624 N.W.2d 164 For Williams: John A. Pray Issue1: The terms of the plea agreement and the relevant state’s conduct are questions of fact, reviewed deferentially; whether that conduct amounts to a material and substantial breach is a… Read more
State v. Scott G. Zuniga, 2002 WI App 233, PFR filed 9/13/02 For Zuniga: Chad G. Kerkman Issue/Holding: Because the defendant was warned by the judge at a bond-release hearing that if he engaged in misconduct the state would seek a longer sentence, “the parties effectively modified the plea agreement by making the State’s obligation conditional upon… Read more
State v. David W. Oakley, 2001 WI 103, 629 N.W.2d 308, reconsideration denied, 2001 WI 123, affirming unpublished decision of court of appeals For Oakley: Timothy T. Kay Issue: Whether a claim of plea bargain error was waived by a subsequent renegotiation of the plea bargain and entry of no contest plea on that new agreement… Read more
State v. Michael F. Howard, 2001 WI App 137, 630 N.W.2d 244 Issue: Whether the prosecutor breached a plea bargain calling for a maximum recommendation on multiple counts of concurrent terms of 25 years in prison, when the actual recommendation was for a total of 25 years but included consecutive terms. Holding: ¶18 Undoubtedly, one… Read more
State v. Dalvell Richardson, 2001 WI App 152 For Richardson: Richard D. Martin, SPD, Milwaukee Appellate Issue: Whether the prosecutor breached a plea agreement “to leave the length of the incarceration entirely up to the Court, [without] any specific numerical type of recommendation” with allocution that clearly implied a request for a lengthy term. Holding… Read more
State v. Michael F. Howard, 2001 WI App 137, 630 N.W.2d 244 Issue: Whether the remedy for a plea bargain breach should be to vacate the plea or to resentence on the plea. Holding: ¶36 Our reading of Bangert and Smith leads us to conclude that the remedies and procedures outlined in Santobello are consistent… Read more
