D. Plea withdrawal

State v. Ricardo Lopez, 2010 WI App 153 (recommended for publication); for Lopez: Catherine M. Canright; BiC; Resp.; Reply The plea colloquy was deficient with respect to Lopez’s understanding of the rights waived by his no contest plea, therefore in response to his postconviction motion to withdraw plea the trial court held a hearing at… Read more

State v. John M. Anthony, 2009AP2171-CR, District 1, 10/13/10 court of appeals decision (3-judge, not recommended for publication); pro se; Resp. Br. Motion to withdraw Plea, Pre-Sentence Based on trial court findings that Anthony decision to plead no contest was based on his attorney’s informed assessment that he was likely to be found guilty if he… Read more

2nd Circuit court of appeals decision Federal Habeas (28 U.S.C. § 2254) – Filing Deadline – Brady Claim The 2254 filing deadline is one year from the date the state-court conviction becomes “final,” subject to certain exceptions, including one which restarts the limitation period from “the date on which the factual predicate of the claim… 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State v. Timothy Ray Anderson, 2009AP2416-CR, District 1, 8/17/10 court of appeals decision (3-judge, not recommended for publication); for Anderson: Jeremy C. Perri; BiC; Resp.; Reply Anderson’s postconviction motion for plea withdrawal, on the ground he didn’t understand that a charge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State v. Charles D. Brown, No. 2009AP2093-CR, District I, 6/23/10 court of appeals decision (3-judge, not recommended for publication); for Brown: Martin J. Pruhs; BiC; Resp. Under State v. Comstock, 168 Wis. 2d 915, 485 N.W.2d 354 (1992), a court may not sua sponte order withdrawal of a guilty plea, absent fraud or intentional withholding of material… Read more

court of appeals decision (3-judge; not recommended for publication); Randall E. Paulson, SPD, Milwaukee Appellate; BiC; Resp. Br.; Reply Pre-Sentence Plea Withdrawal Adverse findings of fact doom pre-sentencing plea withdrawal premised on claims: attorney rushed Watson into pleading out, but trial court accepted attorney’s testimony to contrary; and Watson hadn’t seen victims’ videotaped statements, but… Read more

court of appeals decision (3-judge; not recommended for publication) Guilty Plea – Hearing on Motion to Withdraw Ruby satisfied burden of production, therefore was entitled to postconviction hearing, on plea-withdrawal due to ignorance of elements and/or maximum penalty… Read more