State v. Travis J. Guttu, 2012AP129-CR, District 3/4, 11/28/12 court of appeals decision (not recommended for publication); case activity After entering guilty pleas to multiple counts, Guttu unsuccessfully sought presentencing plea-withdrawal. After sentencing, he sought to withdraw the pleas on different grounds, more particularly: counsel was ineffective for failing to assert Guttu’s lack of knowledge… Read more
2. Nelson/Bentley Motion
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
court of appeals decision (1-judge, not for publication); pro se; case activity Plea Withdrawal – Nelson/Bentley Hearing – Exculpatory Evidence Ardell wasn’t entitled to a hearing on his postconviction plea-withdrawal motion premised on alleged suppression of exculpatory evidence. The court holds that, even assuming that the State did withhold exculpatory evidence, the motion failed to… Read more
State v. Timothy Ray Anderson, 2009AP2416-CR, District 1, 8/17/10 court of appeals decision (3-judge, not recommended for publication); for Anderson: Jeremy C. Perri; BiC; Resp.; Reply Anderson’s postconviction motion for plea withdrawal, on the ground he didn’t understand that a charge “dismissed outright” could nonetheless be considered at sentencing, was properly denied without hearing. The… Read more
State v. Donnell Basley, 2006 WI App 253 For Basley: Randall E. Paulson, SPD, Milwaukee Appellate Issue/Holding1: The postconviction court erroneously denied without evidentiary hearing Basley’s motion for plea-withdrawal (on Nelson/Bentley rather than Bangert grounds): ¶8 Accompanying Basley’s motion is an affidavit from his postconviction counsel averring that the motion “summarizes … Basley’s expected testimony.” Counsel also acknowledges in the… Read more
State v. Andrae D. Howell, 2007 WI 75, reversing 2006 WI App 182 For Howell: Ellen Henak, SPD, Milwaukee Appellate Issue/Holding: ¶74 The Bangert and Nelson/Bentley motions, however, are applicable to different factual circumstances. [47] A defendant invokes Bangert when the plea colloquy is defective; a defendant invokes Nelson/Bentley when the defendant alleges that some factor extrinsic to the plea colloquy, like ineffective assistance of counsel or coercion… Read more
