State v. Michael F. Howard, 2001 WI App 137 Issue/Holding: Failure to object to plea bargain breach waives the issue, leaving ineffective assistance of counsel the only mechanism for raising it. ¶21. Also see, State v. Harold Merryfield, 229 Wis.2d 52, 598 N.W.2d 251 (Ct. App. 1999) (asserted plea bargain violation held waived, under State… Read more
8. Plea bargain breach
State v. John D. Williams, 2001 WI App 7, 241 Wis. 2d 1, 624 N.W.2d 164, affirmed without discussing this issue, 2002 WI 1 For Williams: John A. Pray Issue: Whether the defendant properly preserved objection to a prosecutorial breach of plea bargain. Holding: ¶13: (T)he trial court recognized it as an objection and initially… Read more
State v. Anthony A. Parker, 2001 WI App 111 Issue: Whether transfer to an out-of-state prison breached the plea bargain. Holding: ¶7 … (I)n order to prevail on a claim of breach of a plea agreement, Parker cannot rely on whatever his ‘reasonable expectations’ might have been at sentencing. Instead, he must show the violation… Read more
State v. Shomari L. Robinson, 2001 WI App 127, PFR filed 5/7/01 For Robinson: Joseph L. Sommers Issue: Whether the plea bargain was breached when the defendant wasn’t allowed to present certain evidence at sentencing. Holding: ¶16 … (T)he trial court did not clearly err in finding that the plea agreement called for argument by… Read more
State v. Robert D. Hanson, 2000 WI App 10, 232 Wis.2d 291, 606 N.W.2d 278 For Hanson: Suzanne L. Hagopian, SPD, Madison Appellate. Issue: Whether the prosecutor breached the plea bargain by failing to expressly recommend the agreed 10 year sentencing cap, on a 15-year exposure. Holding: Even though the prosecutor did not expressly recite… Read more
State v. Robert D. Hanson, 2000 WI App 10, 232 Wis.2d 291, 606 N.W.2d 278 For Hanson: Suzanne L. Hagopian, SPD, Madison Appellate. Issue: Whether the prosecutor undermined a 10-year sentencing cap by emphasizing that “this is an extremely violent case,” along with other aggravating factors. Holding: By stressing to the trial court that she… Read more
State v. Antonio A. Scott, 230 Wis.2d 643, 602 N.W.2d 296 (Ct. App. 1999) For Scott: Jennifer L. Weston. Issue: Whether Scott was denied effective assistance of counsel when his attorney allowed him to renegotiate an already-consummated plea bargain without advising that the original agreement was enforceable. Holding: Counsel’s failure to inform Scott that… Read more
State ex rel. Phillip I. Warren v. Schwarz, 219 Wis.2d 615, 579 N.W.2d 698 (1998), affirming State ex rel. Warren v. Schwarz, 211 Wis. 2d 708, 566 N.W.2d 173 (Ct. App. 1997) State v. Phillip I. Warren, 219 Wis.2d 615, 579 N.W.2d 698 (1998), on certification For Warren: Ralph A. Kalal. Issue: Whether “the State… Read more
