State v. Reinier A. Ravesteijn, 2006 WI App 250 For Ravesteijn: Rudolph L. Oldeschulte Issue/Holding: Kidnapping is mitigated from a Class B to Class C felony if the victim is released without permanent physical injury prior to the first witness’s testimony, ¶17. When accepting a guilty plea to Class B kidnapping the court must ascertain… Read more
4. Factual Basis
State v. Steven A. Harvey, 2006 WI App 26 For Harvey: Christopher William Rose Issue/Holding: Rejecting the JI Committee definition of “cunnilingus,” the court “ conclude(s) that the statutory scheme of the sexual assault law does not require proof of ‘stimulation of the clitoris or vulva,’” ¶¶11-21. ¶21 The complaint and the undisputed evidence presented… Read more
State v. Anna Annina, 2006 WI App 202 For Annina: Robert R. Henak Issue/Holding: ¶9 Annina seeks to withdraw her Alford plea on the grounds that a manifest injustice has occurred. “Withdrawal of a plea following sentencing is not allowed unless it is necessary to correct a manifest injustice.” State v. Smith, 202 Wis. 2d 21, 25, 549… Read more
State v. Tyren E. Black, 2001 WI 31, 242 Wis. 2d 126, 624 N.W.2d 363 For Black: Michael S. Holzman Issue: Whether the defendant’s admission of “handling” a gun established the element of “possesses” a firearm under § 941.29(2), for purposes of establishing a guilty plea factual basis. Holding: ¶19 At the outset, we note… Read more
State v. Tyren E. Black, 2001 WI 31, 242 Wis. 2d 126, 624 N.W.2d 363, reversing unpublished court of appeals decision For Black: Michael S. Holzman Issue: Whether the trial court properly found a factual basis for the guilty plea, by relying solely on the criminal complaint, where extraneous information put one of the elements… Read more
State v. Terry Thomas, 2000 WI 13, 232 Wis. 2d 714, 605 N.W.2d 836, affirming unpublished decision For Thomas: Jeffrey W. Jensen Issue: Whether a guilty plea defendant must personally assent to the plea’s factual basis. Holding: ¶18 This case requires us to determine to what extent a defendant must admit the facts of a… Read more
State v. Harold Merryfield, 229 Wis.2d 52, 598 N.W.2d 251 (Ct. App. 1999) For Merryfield: Edward J. Hunt Holding: Merryfield was originally charged with one felony and one misdemeanor. Pursuant to a plea bargain, he pleaded guilty to the misdemeanor, and the state agreed to drop the felony (but critically, as it turns out, didn’t… Read more
State v. Charles Dante Higgs, 230 Wis.2d 1, 601 N.W.2d 653 (Ct. App. 1999) For Higgs: Joseph E. Redding Issue: Whether a sufficient factual basis was established on the element of bodily harm (where the defendant splashed the victim’s face with urine) to support a guilty plea to battery. Holding: The mere fact that urine… Read more
