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
D. Plea withdrawal
State v. Reginald Scott Williams, 2011AP1379-CR, District 1, 9/18/12 court of appeals decision (not recommended for publication); case activity Williams drove at an excessive speed (30+ over the limit), and crashed into another car, resulting in death and serious injuries. He pleaded no contest to one count of homicide by negligent use, § 940.10 and… 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. 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State v. Lee Roy Cain, 2012 WI 68, affirming unpublished decision; case activity Post-Sentencing Plea-Withdrawal, Generally When a defendant satisfies the burden of showing, by clear and convincing evidence, the existence of a “manifest injustice,” the plea should be withdrawn as a matter of right: ¶26 … State v. Daley sets out the following list of circumstances where manifest… Read more
State v. Matthew J. Laughrin, 2011AP1600-CR, District 1, 6/12/12 court of appeals decision (not recommended for publication); case activity Laughrin, after pleading guilty to second-degree reckless homicide for providing a controlled substance (Suboxone) to someone who died after ingesting it, sought pre-sentencing plea-withdrawal on the basis of an expert’s report that Suboxone alone generally doesn’t cause death. The trial… 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court of appeals decision (1-judge, not for publication); pro se; case activity Plea Withdrawal – Nelson/Bentley Hearing – Exculpatory Evidence Ardell wasn’t entitled to a hearing on his postconviction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
on review of unpublished decision; for Cain: Faun M. Moses, SPD, Madison Appellate; case activity; prior post Guilty Plea Procedure – Defendant’s Denial of Element / Manifest Injustice Issues (composed by On Point): 1. Whether, if a defendant at the guilty-plea proceeding explicitly denies the existence of an elemental fact, the trial court must decline to accept… Read more
