court of appeals certification; for Taylor: Shelley Fite, SPD, Madison Appellate; case activity; review granted, 3/15/12 Guilty Pleas – Plea Colloquy Certified Issue: Whether a plea colloquy’s understating the potential penalty is subject to harmless error analysis, such that if the subsequently-imposed sentence doesn’t exceed the misadvised maximum, plea-withdrawal isn’t supported. The details: Taylor was charged as a repeater… Read more
e. Maximum Penalty
State v. Travis Vondell Cross, 2010 WI 70, on bypass; for Cross: William E. Schmaal, SPD, Madison Appellate; BiC; Resp.; Reply; Cross Supp.; AG Supp. ¶4 We hold that where a defendant is told that he faces a maximum possible sentence that is higher, but not substantially higher, than that authorized by law, the circuit… Read more
court of appeals decision (3-judge; not recommended for publication) Guilty Plea – Hearing on Motion to Withdraw Ruby satisfied burden of production, therefore was entitled to postconviction hearing, on plea-withdrawal due to ignorance of elements and/or maximum penalty… Read more
State v. James E. Brown, 2006 WI 100, reversing summary order For Brown: Richard D. Martin, SPD, Milwaukee Appellate Issue/Holding: A plea colloquy is not required to caution the defendant that punishment for each of multiple charges could be imposed consecutively, ¶78… Read more
State v. Reinier A. Ravesteijn, 2006 WI App 250 For Ravesteijn: Rudolph L. Oldeschulte Issue/Holding: Although kidnapping for ransom, § 940.31(2)(a), is susceptible to possible mitigation of penalty from 60 to 40 years if the victim is released without permanent physical injury, testimony from counsel at a postconviction hearing that the defendant was well aware… Read more
State v. Richard C. Plank, 2005 WI App 109 For Plank: Jamy Richard Johansen Issue: Whether a voluntary guilty plea to a TIS offense requires knowledge of ineligibility for parole or good-time credit. Holding: ¶15 Plank contends that because Byrge holds that parole eligibility is a direct consequence, the lack of parole eligibility under truth-in-sentencing… Read more
State v. Kenneth V. Harden, 2005 WI App 252 For Harden: Ralph Sczygelski Issue/Holding: Misinformation with respect to the maximum punishment (defendant was told the maximum was 19 years, 6 months when the correct maximum was 16 years) necessarily renders the guilty plea invalid, without regard to whether the misinformation affected the decision to plead… Read more
