State v. Dennis J. Kivioja, 225 Wis.2d 271, 592 N.W.2d 220 (1999), on certification For Kivioja: Mark G. Sukowaty. Issue/Holding: Kivioja pleaded guilty after his codefendant, Stehle, implicated him in a string of burglaries. Following his own sentencing and prior to Kivioja’s, Stehle recanted and Kivioja moved to withdraw his pleas. The trial court denied… Read more
D. Plea withdrawal
State v. Jonathan V. Manke, 230 Wis.2d 421, 602 N.W.2d 139 (Ct. App. 1999) For Manke: Waring R. Fincke Issue/Holding: After a plea-based sentence has been vacated, and re-sentencing ordered, the “fair and just reason” standard applies to a motion to withdraw the plea: Before considering if Manke met his burden of proof, our initial… Read more
State v. Steven M. Shimek, 230 Wis.2d 730, 601 N.W.2d 865 (Ct. App. 1999) For Shimek: Keith A. Findley. Issue: Whether perceived bias on part of PSI author supports pre-sentence withdrawal of guilty plea. Holding: Trial court’s denial of motion, along with disregarding recommendation of that PSI and allowing defense to prepare alternative PSI, was… Read more
State v. Jonathan L. Franklin, 228 Wis.2d 408, 596 N.W.2d 855 (Ct. App. 1999) For Franklin: Archie E. Simonson. Holding: Franklin’s effort to withdraw his guilty plea, based on a claim that his attorney failed to investigate an alibi, is rebuffed. His attorney testified at a plea-withdrawal hearing that Franklin had already admitted that the… Read more
State v. Michael R. Sturgeon, 231 Wis.2d 487, 605 N.W.2d 589 (Ct. App. 1999) For Sturgeon: Terry Evan Williams. Issue/Holding: To prevail on a motion to withdraw guilty plea based on postplea discovery of exculpatory information, a defendant must prove (a) the existence of exculpatory evidence (b) in the exclusive control of the prosecution (c)… Read more
State v. Robert J. Nichelson, 220 Wis. 2d 214, 582 N.W.2d 460 (Ct. App. 1998) For Nichelson: Paul M. Moldenhauer Issue/Holding: fn. 8: The State’s right to question a defendant’s attorney when the defendant alleges that the attorney failed to properly inform him or her before entering a plea is established in State v. Van… Read more
State v. Robert J. Nichelson, 220 Wis. 2d 214, 582 N.W.2d 460 (Ct. App. 1998) For Nichelson: Paul M. Moldenhauer Issue/Holding: It therefore appears to be an issue of first impression in Wisconsin whether a court can accept a negative inference to establish proof by clear and convincing evidence. Under the beyond a reasonable doubt… Read more
State v. Robert J. Nichelson, 220 Wis. 2d 214, 582 N.W.2d 460 (Ct. App. 1998) For Nichelson: Paul M. Moldenhauer Issue/Holding: The State concedes that the discussion between Willett and Nichelson did not include a “complete catalogue of the elements of the offense.” It also appears to concede that, “examined in a vacuum, the above… Read more
