State v. Richard A. Lange, 2003 WI App 2 For Lange: Daniel F. Snyder Issue/Holding: Partial relief against a plea bargain-based guilty plea “constitutes a repudiation of the entire plea agreement,” ¶32, a principle which is now extended to instances where there are multiple judgments of conviction not all of which are under appeal, under… Read more
D. Plea withdrawal
State v. Anthony J. Leitner, 2001 WI App 172, affirmed on other grounds, 2002 WI 77 For Leitner: Jim Scott Issue: Whether the trial court properly denied a presentence motion to withdraw guilty plea. Holding: ¶27. When a defendant shows a fair and just reason, the trial court should permit the plea withdrawal unless there… Read more
State v. Corey J. Hampton, 2002 WI App 293, affirmed, 2004 WI 107 For Hampton: Melinda A. Swartz, SPD, Milwaukee Appellate Issue/Holding: The pleading requirements for a hearing imposed by State v. Bentley, 201 Wis. 2d 303, 548 N.W.2d 50 (1996) aren’t applicable to a motion for plea-withdrawal based on defective colloquy: ¶20. Hampton responds… Read more
State v. Dennis R. Fosnow, 2001 WI App 2, 240 Wis. 2d 699, 624 N.W.2d 883 For Fosnow: David D. Cook Issue: Whether a postconviction diagnosis supporting an NGI defense amounted to newly discovered evidence, where the defendant had pled no contest after receiving unfavorable NGI evaluations. Holding: The new diagnosis was merely a new appreciation of… Read more
State v. Everardo A. Lopez, 2001 WI App 265 For Lopez: Margaret A. Maroney, SPD, Madison Appellate Issue: Whether plea withdrawal is the appropriate remedy where the record contains no evidence that Lopez understood all elements of the offense Holding: ¶22. The proper remedy upon determining that the State failed to establish that Lopez understood the… Read more
State v. Everardo A. Lopez, 2001 WI App 265 For Lopez: Margaret A. Maroney, SPD, Madison Appellate Issue: Whether Lopez made a prima facie showing that the plea colloquy was inadequate. Holding: The Spanish-speaking Lopez had problems, acknowledged by the trial court, communicating with his interpreter and necessitating a continuance of the plea hearing. At neither the… Read more
State v. Adrian L. Williams, 2000 WI 78, 236 Wis. 2d 293, 613 N.W.2d 132, affirming unpublished decision of court of appeals For Williams: Ellen Henak, SPD, Milwaukee Appellate Issue: Whether “this court [should] adopt a new rule of procedure, which would require that if a trial judge anticipates exceeding the state’s sentence recommendation under… Read more
State v. George R. Bollig, 2000 WI 6, 232 Wis. 2d 561, 605 N.W.2d 199, affirming State v. Bollig,, 224 Wis.2d 621, 593 N.W.2d 67 (Ct. App. 1999) For Bollig: Thomas E. Knothe, Collins, Quillin & Knothe, Ltd. Issue: Whether the trial court should have granted Bollig’s pre-sentencing motion to withdraw guilty plea based on… Read more
