State v. Frederick W. Rushing, 2007 WI App 227, PFR filed 10/25/07 For Rushing: Randall E. Paulson, SPD, Milwaukee Appellate Issue/Holding: Unrefuted indications of the child-complainant’s changed recollection of the details and reluctance to testify, ¶¶8-9, established “substantial prejudice” so as to defeat a pre-sentencing motion to withdraw plea: ¶16 A defendant seeking to withdraw… Read more
D. Plea withdrawal
State v. Andrae D. Howell, 2007 WI 75, reversing 2006 WI App 182 For Howell: Ellen Henak, SPD, Milwaukee Appellate Issue/Holding: ¶27 A Bangert Motion. A defendant may invoke Bangert only by alleging that the circuit court failed to fulfill its plea colloquy duties. [16] A Bangert motion warrants an evidentiary hearing if (1) the motion makes “aprima facie showing that [the] plea was accepted without the… Read more
State v. Monika S. Lackershire, 2007 WI 74, reversing 2005 WI App 265 For Lackershire: Steven P. Weiss, SPD, Madison Appellate Issue/Holding: Bangert procedure applies to challenge to failure to establish adequate factual basis where the facts are disputed: ¶50 In the present case, however, the facts are in dispute precisely because the circuit court failed to conduct a… Read more
State v. Monika S. Lackershire, 2007 WI 74, affirming (this holding of) 2005 WI App 265 For Lackershire: Steven P. Weiss, SPD, Madison Appellate Issue/Holding: ¶62 Finally, we consider Lackershire’s argument that her plea was involuntary because she feared that the stress of trial would affect her pregnancy. … … ¶64 Lackershire has raised no… 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: ¶12 As the circuit court recognized after the State brought its motion for reconsideration, circuit courts in Wisconsin may not, absent circumstances not present here, sua sponte vacate guilty pleas validly accepted. State v… Read more
State v. Mark J. Roou, 2007 WI App 193 For Roou: John P. Tedesco, SPD, Madison Appellate Issue1: Whether the defendant was entitled to plea-withdrawal on both plea-based counts or only the one count as to which the plea was defective (given that the State promised not to re-prosecute the latter count). Holding1: ¶16 Roou… 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: Trial courts possess inherent authority to reconsider any non-final ruling prior to entry of final order or judgment, ¶13, citing State v. Bobby R. Williams, 2005 WI App 221, ¶17, 287 Wis. 2d 748… Read more
State v. James E. Brown, 2006 WI 100, reversing summary order For Brown: Richard D. Martin, SPD, Milwaukee Appellate Issue/Holding: ¶39 After sentencing, in cases that involve an alleged deficiency in the plea colloquy, an attempt to withdraw a guilty plea proceeds as follows. The defendant must file a postconviction motion under Wis. Stat. § 809.30 or other appropriate statute… Read more
