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
4. After sentencing
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. 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
