State v. Charles Brown, 2004 WI App 179 For Brown: John J. Grau Issue: Whether a plea bargain that cannot be fulfilled results in an unknowing and involuntary plea, notwithstanding that the terms incapable of fulfillment are collateral consequences of the plea (sex offender registration and SVP eligibility). Holding: ¶6 … (S)ince Brown’s misunderstanding involved… Read more
3. Required knowledge
State v. John A. Jipson, 2003 WI App 222 For Jipson: Martha K. Askins, SPD, Madison Appellate Issue/Holding: On a charge of 2nd-degree sexual assault, § 948.02(2), the guilty plea court must ascertain the defendant’s knowledge of the element of intent, namely that the defendant had sexual contact for the purpose of sexual degradation, humiliation, arousal… Read more
State v. Richard A. Lange, 2003 WI App 2 For Lange: Daniel F. Snyder Issue/Holding: Where the plea form made reference to an “attached sheet” which was not in fact attached, and the trial court did not go over the elements with the defendant, “the record is barren as to any explanation or detailing to Lange… Read more
State v. Richard A. Lange, 2003 WI App 2 For Lange: Daniel F. Snyder Issue/Holding: Trial court’s colloquy sufficiently established defendant’s understanding of rights waived by guilty plea. ¶¶23-27… Read more
State v. Hank J. Merten, 2003 WI App 171 For Merten: Dana W. Duncan Issue/Holding: ¶8. Accordingly, the resolution of this appeal requires us to determine whether the effect of 42 U.S.C. § 1320a-7(a)(4), which excludes individuals convicted of a felony related to a controlled substance from participating in federal health care programs, is a… Read more
State v. John T. Trochinski, 2002 WI 56, affirming unpublished decision For Trochinski: James L. Fullin, SPD, Madison Appellate Issue: Whether the defendant met his burden of showing a prima facie case that he didn’t understand an element of the offense to which he pleaded guilty. Holding: ¶22. Wisconsin’s courts have been relying on Bangert since it was written in… Read more
State v. Paul Delao Quiroz, 2002 WI App 52 For Quiroz: Chad G. Kerkman Issue:Whether defendant was entitled to withdraw his plea on the basis that he was unaware of the three-year presumptive minimum sentence on the weapon enhancer. Holding: ¶25 Both the complaint and the information contained the dangerous weapon enhancer and set forth… Read more
State v. Earl Steele, 2001 WI App 34, 241 Wis. 2d 269, 625 N.W.2d 595 For Steele: Timothy J. Gaskell Issue: Whether the colloquy on a guilty plea to burglary/intent-to-commit-felony must apprise the defendant of the specific felony. Holding: ¶8 The trial court chose to summarize WIS. STAT. § 943.10 during colloquy, in combination with questioning defense counsel. Steele contends that… Read more
