4. Factual Basis

State v. Monika S. Lackershire, 2007 WI 74, reversing 2005 WI App 265 For Lackershire: Steven P. Weiss, SPD, Madison Appellate Issue/Holding: Bangert procedure applies to challenge to failure to establish adequate factual basis where the facts are disputed: ¶50      In the present case, however, the facts are in dispute precisely because the circuit court failed to conduct a… Read more

State v. Monika S. Lackershire, 2007 WI 74, reversing 2005 WI App 265 For Lackershire: Steven P. Weiss, SPD, Madison Appellate Issue/Holding1: ¶33      Wisconsin Stat. § 971.08(1)(b) provides that before a circuit court accepts a defendant’s guilty plea, it must “make such inquiry as satisfies it that the defendant in fact committed the crime charged.” This court has… Read more

State v. Wayne A. Sutton, 2006 WI App 118, PFR filed 6/18/06 For Sutton: William E. Schmaal, SPD, Madison Appellate Issue/Holding: ¶16      Sutton next argues that the circuit court erred in accepting his plea on the charge of first-degree recklessly endangering safety because there was not a sufficient factual basis for that charge. When we review… Read more

State v. Anna Annina, 2006 WI App 202 For Annina: Robert R. Henak Issue/Holding: Although police entry into the defendant’s house was pursuant to a search warrant later declared to be invalid, the defendant’s acts in response to that entry amounted to disorderly conduct which did allow for an arrest under lawful police authority; defendant… Read more

State v. Steven A. Harvey, 2006 WI App 26 For Harvey: Christopher William Rose Issue/Holding: ¶10      … Before accepting a guilty plea the trial court must make such inquiry as satisfies it that the defendant in fact committed the crime charged. Wis. Stat. § 971.08(1)(b). The remedy for failure to establish a factual basis is… Read more

State v. Wayne A. Sutton, 2006 WI App 118, PFR filed 6/18/06 For Sutton: William E. Schmaal, SPD, Madison Appellate Issue: Whether the guilty plea to first-degree reckless endangering, amended from battery, was supported by a factual basis. Holding: ¶21      At the plea hearing, the State presented the basis for the amended charge of first-degree reckless… Read more

State v. Lawrence Payette, 2008 WI App 106, PFR filed 6/30/08 For Payette: Robert R. Henak; Amelia L. Bizzaro Issue/Holding: Allegations in the complaint of repeated “dope dating” (giving a minor cocaine on multiple occasions in exchange for sex) established a factual basis for guilty plea to causing the child to practice prostitution within the… Read more