D. Plea withdrawal

Review of court of appeals summary disposition (PDF here: MINERVA LOPEZ ORDER 3 8 13); case activity Issue (composed by On Point) Did the circuit court err in concluding that it should deny Lopez’s pre-sentencing plea withdrawal motion because plea withdrawal would substantially prejudice the state? This issue statement is based on the summary disposition issued… Read more

State v. Adam W. Gilmour, 2011AP878-CR, District 2, 6/20/12 court of appeals decision (not recommended for publication); case activity The trial court’s rejection, as lacking credibility, Gilmour’s claim that his acceptance of a deferred prosecution agreement was coerced by financial considerations (in that he had been unable to afford the costs associated with jury trial) is… Read more

State v. Mitchell F. Graf, 2012AP1356-CR, District 3, 1/8/13 Court of appeals decision (1 judge; ineligible for publication); case activity The court of appeals rejects Graf’s plea withdrawal claim, holding: 1)  Graf was not affirmatively misled to believe that by pleading to the offenses he would be able to keep his job because he understood that… Read more

State v. Justin L. Garrett, Case No. 12AP1341-CR, District 2, 12/19/12 Court of appeals decision (1 judge; ineligible for publication); case activity Garrett failed to make a prima facie showing that his plea colloquy was defective, so his motion to withdraw plea was properly denied without an evidentiary hearing: ¶10      Garrett argues that he did not… Read more

State v. Dennis C. Strong, Jr., 2012AP1204-CR, District 3, 11/30/12 court of appeals decision (1-judge, ineligible for publication); case activity The trial court undertook an appropriate colloquy with Strong before allowing him to waive counsel and represent himself, leading to guilty pleas. The court thus rejects his claim that his pleas were premised on a… Read more

State v. Travis J. Guttu, 2012AP129-CR, District 3/4, 11/28/12 court of appeals decision (not recommended for publication); case activity After entering guilty pleas to multiple counts, Guttu unsuccessfully sought presentencing plea-withdrawal.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

State v. Darold M., 2012AP1020, District 1, 10/10/12 court of appeals decision (1-judge, ineligible for publication); case activity Juvenile was not entitled to evidentiary hearing on his plea-withdrawal motion, which was premised on an unchecked box on the plea questionnaire signifying whether he understood the charges. ¶2        We conclude that Darold has not met his burden of showing that plea withdrawal… Read more