State v. Christopher S. Hoppe, 2009 WI 41, affirming 2008 WI App 89 For Hoppe: Martha K. Askins, SPD, Madison Appellate Issue/Holding: A court may incorporate a plea questionnaire form into the guilty plea colloquy, but only up to a point: ¶32 The Plea Questionnaire/Waiver of Rights Form provides a defendant and counsel the opportunity to review together… Read more
D. Plea withdrawal
State v. Richard L. Wesley, 2009 WI App 118, PFR filed 8/4/09 For Wesley: Alvin Ugent Issue/Holding: ¶24 Here, as we said, Wesley claims that he understood the term “dismissed outright” to mean that the State could never use the underlying facts against him. He claims that his trial counsel was ineffective for failing to object… Read more
State v. Christopher S. Hoppe, 2009 WI 41, affirming 2008 WI App 89 For Hoppe: Martha K. Askins, SPD, Madison Appellate Issue/Holding: Notwithstanding “irregularities” with respect to the burden of proof, the hearing on Hoppe’s Bangert challenge established that his plea was knowing and voluntary, given “the circuit court’s findings … that the circuit court… Read more
State v. Eugene D. Rhodes, 2008 WI App 32, PFR filed 1/15/08 For Rhodes: Joseph E. Redding Issue/Holding: Counsel’s “forceful” advice that defendant enter a guilty plea wasn’t in and of itself a “fair and just” reason sufficient to require pre-sentencing grant of a motion to withdraw the plea: ¶11 Rhodes proffers his attorney’s “forceful… Read more
State v. Christopher S. Hoppe, 2008 WI App 89 For Hoppe: Martha K. Askins, SPD, Madison Appellate Issue: Whether a plea colloquy that merely established that the defendant was “satisfied” he understood “everything in the questionnaire and waiver of rights and the elements of the charges” sufficed under State v. Bangert, 131 Wis. 2d 246, 389 N.W.2d 12… Read more
State v. Barry M. Jenkins, 2007 WI 96, reversing 2006 WI App 28 For Jenkins: Melinda A. Swartz, SPD, Milwaukee Appellate Issue/Holding: ¶31 A “fair and just reason” has never been precisely defined. State v. Shimek, 230 Wis. 2d 730, 739, 601 N.W.2d 865 (Ct. App. 1999). Indeed, the fair and just reason standard “lack[s] any pretense of… Read more
State v. Frederick W. Rushing, 2007 WI App 227, PFR filed 10/25/07 For Rushing: Randall E. Paulson, SPD, Milwaukee Appellate Issue/Holding: “A claim of innocence, of course, is not sufficient as a stand-alone reason to permit a plea withdrawal even before sentencing. State v. Harvey, 2006 WI App 26, ¶23, 289 Wis. 2d 222, 239… Read more
State v. Barry M. Jenkins, 2007 WI 96, reversing 2006 WI App 28 For Jenkins: Melinda A. Swartz, SPD, Milwaukee Appellate Issue: Whether Jenkins’ claim that he (wrongly) thought he would be guaranteed an opportunity to work with law enforcement in return for potential sentencing benefit was a fair and just reason to allow pre-sentencing… Read more
