4. After sentencing

State v. Taylor continues what the supreme court began in State v. Cross, 2010 WI 70, 326 Wis. 2d 492, 786 N.W.2d 64:  Dismantling by implication the well-established Bangert procedures and creating new ways for trial courts to avoid evidentiary hearings on plea withdrawal motions. Taylor’s motion clearly established enough to get an evidentiary hearing under Bangert. (¶75). So why didn’t… Read more

State v. Stephen Robert Felix Schurk, 2012AP1501-CR, District 1, 3/5/13; court of appeals decision (1 judge; ineligible for publication); case activity Schurk was not entitled to plea withdrawal even though the judge did not specifically inform Schurk that he was not bound by the parties’ plea agreement because the information was conveyed to Schurk in… Read more

State v. Adam W. Gilmour, 2011AP878-CR, District 2, 6/20/12 court of appeals decision (not recommended for publication); case activity The trial court’s rejection, as lacking credibility, Gilmour’s claim that his acceptance of a deferred prosecution agreement was coerced by financial considerations (in that he had been unable to afford the costs associated with jury trial) is… Read more

State v. Mitchell F. Graf, 2012AP1356-CR, District 3, 1/8/13 Court of appeals decision (1 judge; ineligible for publication); case activity The court of appeals rejects Graf’s plea withdrawal claim, holding: 1)  Graf was not affirmatively misled to believe that by pleading to the offenses he would be able to keep his job because he understood that… Read more

State v. Alvin C. Harris, 2012AP518-CR, District 2, 9/12/12 court of appeals decision (1-judge, ineligible for publication); case activity Plea-Withdrawal  Harris failed to make a prima facie showing that his plea colloquy was defective, therefore his motion to withdraw plea was properly denied without an evidentiary hearing: ¶7        Here, Harris’s motion alleged that his plea was… Read more

State v. Lee Roy Cain, 2012 WI 68, affirming unpublished decision; case activity Post-Sentencing Plea-Withdrawal, Generally  When a defendant satisfies the burden of showing, by clear and convincing evidence, the existence of a “manifest injustice,” the plea should be withdrawn as a matter of right: ¶26  …  State v. Daley sets out the following list of circumstances where manifest… Read more

on review of unpublished decision; for Cain: Faun M. Moses, SPD, Madison Appellate; case activity; prior post Guilty Plea Procedure – Defendant’s Denial of Element / Manifest Injustice Issues (composed by On Point):  1. Whether, if a defendant at the guilty-plea proceeding explicitly denies the existence of an elemental fact, the trial court must decline to accept… Read more