State v. Matthew Allen Lilek, Appeal No. 2012AP1855, District 1; 11/13/13, (not recommended for publication), case activity The dispositive issue in this appeal was whether the defendant, who is legally blind and has suffered cognitive disabilities his entire life, knowingly, intelligently, and voluntarily entered a no-contest plea to second degree sexual assault, with use of force… Read more
B. Procedure and colloquy
State v. Ali Mursal, 2013 WI App 125; case activity Before accepting a defendant’s guilty or no contest plea the court is required to advise the defendant there may be immigration consequences. Wis. Stat. § 971.08(1)(c). While that statute prescribes a text for the required warning—complete with quotation marks—the court of appeals holds in this… Read more
State v. James C. Hudson, 2013 WI App 120; case activity Hudson’s untrue statements to persons to get them to invest in his country music career provided a factual basis for his plea to two violations of ch. 551’s prohibition against making untrue statements of material fact in connection with the sale of a “security”… Read more
State v. Julius C. Burton, 2013 WI 61, affirming unpublished court of appeals decision; unanimous opinion by Justice Prosser; case activity In a case of interest primarily, if not exclusively, to lawyers handling postconviction proceedings in state courts, the supreme court holds Burton’s plea withdrawal motion was insufficient to merit an evidentiary hearing because it… Read more
State v. Juan M. Rodriguez-Faustino, 2012AP2777, District 1, May 29, 2013; court of appeals decision (1-judge; ineligible for publication); case activity Rodriguez-Faustino pled to a misdemeanor drug offense and, in January 2007, was placed on probation for 12 months. (¶¶4-5). In September 2012 he filed a motion to withdraw his plea, asserting his attorney was… Read more
State v. Nely B. Robles, 2013 WI App 76; case activity. Issue: When accepting a guilty plea is the circuit court required to specify whether the defendant is pleading to a felony or a misdemeanor? Robles sought to withdraw her guilty plea on the grounds that the circuit court’s failure to specify the designation of the… Read more
State v. Lisa A. Brabazon, 2012AP1171-CR, District 4, 3/28/13; court of appeals decision (not recommended for publication); case activity Guilty plea — factual basis; value of stolen property The victim’s statements as to the value of the stolen property (which were set forth in the complaint) provided a sufficient factual basis for concluding that the… Read more
State v. Stephen Robert Felix Schurk, 2012AP1501-CR, District 1, 3/5/13; court of appeals decision (1 judge; ineligible for publication); case activity Schurk was not entitled to plea withdrawal even though the judge did not specifically inform Schurk that he was not bound by the parties’ plea agreement because the information was conveyed to Schurk in… Read more
