B. Procedure and colloquy

State v. Calvin L. Brown, 2012 WI 139 (recommended for publication); case activity A guilty plea colloquy need not include an explanation of ptac liability when the defendant directly committed the crime: ¶13      …  Although the trial court did not explain that, by directly committing the La Quinta robbery, Brown was “concerned” in… Read more

State v. Frederick L. Lucht, 2011AP1644-CR, District 4, 9/27/12 court of appeals decision (not recommended for publication); case activity The record supports the existence of an agreement between Lucht and another to commit the crime of first-degree intentional homicide. ¶28      Lucht refers us to cases standing for propositions that a conspiracy cannot be based on a… Read more

on review of unpublished decision; case activity Issues (composed by on Point)  1. Whether Burton is entitled to a Machner hearing on his postconviction motion asserting that counsel was ineffective for failing to advise that Burton could pursue a bifurcated (NGI) plea along with his guilty plea, and have a jury determine whether he was not responsible… Read more

State v. Alvin C. Harris, 2012AP518-CR, District 2, 9/12/12 court of appeals decision (1-judge, ineligible for publication); case activity Plea-Withdrawal  Harris failed to make a prima facie showing that his plea colloquy was defective, therefore his motion to withdraw plea was properly denied without an evidentiary hearing: ¶7        Here, Harris’s motion alleged that his plea was… Read more

State v. Michael L. Frey, 2012 WI 99, affirming unpublished decision; case activity Sentencing Discretion – Reliance on Dismissed Charge  The sentencing court may consider charges “dismissed” or “dismissed outright” (as opposed to read-ins) ¶47  To discharge its obligation to discern a defendant’s character, “[a] sentencing court may consider uncharged and unproven offenses,” State v. Leitner, 2002 WI 77, ¶45, 253… Read more

State v. Abraham C. Negrete, 2012 WI 92, affirming summary order; case activity Negrete’s motion to withdraw his 1992 guilty plea, on the ground that he wasn’t personally advised of deportation consequences, § 971.08(2), was denied by the circuit court without a hearing. The court upholds that result: ¶2   In support of his motion, Negrete stated in an affidavit that… Read more

State v. Lee Roy Cain, 2012 WI 68, affirming unpublished decision; case activity Post-Sentencing Plea-Withdrawal, Generally  When a defendant satisfies the burden of showing, by clear and convincing evidence, the existence of a “manifest injustice,” the plea should be withdrawn as a matter of right: ¶26  …  State v. Daley sets out the following list of circumstances where manifest… Read more