State v. Timothy J. Goyette, 2006 WI App 178 For Goyette: E.J. Hunt, Kathleen M. Quinn Issue: Whether Goyette was coerced into pleading guilty under a “package” agreement (one “contingent on two or more codefendants all entering pleas according to the terms of the agreement”), given the seriousness of the charges and the youthfulness (age… Read more
D. Plea withdrawal
State v. Sean M. Daley, 2006 WI App 81, on remand, PFR filed 5/10/06; prior history: 2005 WI App 260, decision vacated and remanded, 2006 WI 25 For Daley: Kirk B. Obear Issue/Holding: Motion for plea-withdrawal following revocation of a deferred prosecution agreement but before sentencing has been imposed is gauged by the manifest injustice… Read more
State v. James E. Brown, 2006 WI 100, reversing summary order For Brown: Richard D. Martin, SPD, Milwaukee Appellate Issue/Holding: ¶59 To earn a Bangert evidentiary hearing, a defendant must satisfy a second obligation. In addition to making a prima facie case that the circuit court erred in the plea colloquy, a defendant must allege he did not enter… Read more
State v. Jarmal Nelson, 2005 WI App 113 For Nelson: Wm. J. Tyroler, SPD, Milwaukee Appellate Issue/Holding: ¶11 “A defendant seeking to withdraw a plea of guilty or no contest prior to sentencing must show that there is a ‘fair and just reason,’ for allowing him or her to withdraw the plea.” State v. Kivioja… Read more
State v. Jeremy K. Morse, 2005 WI App 223 For Morse: Amelia L. Bizarro Issue/Holding: ¶10 Here, the record reflects that Morse failed to demonstrate either a statutory or a Bangert violation. The plea hearing addressed all the appropriate issues and contains no statutory violations. The plea was extensive and complete. The fact that Morse… Read more
State v. Jarmal Nelson, 2005 WI App 113 For Nelson: Wm. J. Tyroler, SPD, Milwaukee Appellate Issue/Holding: Given that the record established Nelson’s ignorance of the potential for commitment as a sexually violent person (ch. 980) as a result of his guilty pleas, the trial court’s conclusion that he presented a “fair and just” reason… Read more
State v. Jarmal Nelson, 2005 WI App 113 For Nelson: Wm. J. Tyroler, SPD, Milwaukee Appellate Issue: Whether, after Nelson demonstrated a “fair and just” reason for pre-sentencing plea withdrawal, the State satisfied is concomitant burden of showing “substantial prejudice” in order to defeat the motion, where the principal complainant could no longer be found… Read more
State v. Jeremy K. Morse, 2005 WI App 223 For Morse: Amelia L. Bizarro Issue: Whether Morse was entitled to plea-withdrawal on the basis of claimed newly discovered evidence, in the form of taped jail conversations between inmates discussing his case, and certain police reports. Holding: The trial court’s findings that the tapes were inadmissible… Read more
