State v. John M. Anthony, 2009AP2171-CR, District 1, 10/13/10 court of appeals decision (3-judge, not recommended for publication); pro se; Resp. Br. Motion to withdraw Plea, Pre-Sentence Based on trial court findings that Anthony decision to plead no contest was based on his attorney’s informed assessment that he was likely to be found guilty if he… Read more
4. After sentencing
State v. Christopher S. Hoppe, 2009 WI 41, affirming 2008 WI App 89 For Hoppe: Martha K. Askins, SPD, Madison Appellate Issue/Holding: A court may incorporate a plea questionnaire form into the guilty plea colloquy, but only up to a point: ¶32 The Plea Questionnaire/Waiver of Rights Form provides a defendant and counsel the opportunity to review together… Read more
State v. Richard L. Wesley, 2009 WI App 118, PFR filed 8/4/09 For Wesley: Alvin Ugent Issue/Holding: ¶24 Here, as we said, Wesley claims that he understood the term “dismissed outright” to mean that the State could never use the underlying facts against him. He claims that his trial counsel was ineffective for failing to object… Read more
State v. Christopher S. Hoppe, 2009 WI 41, affirming 2008 WI App 89 For Hoppe: Martha K. Askins, SPD, Madison Appellate Issue/Holding: Notwithstanding “irregularities” with respect to the burden of proof, the hearing on Hoppe’s Bangert challenge established that his plea was knowing and voluntary, given “the circuit court’s findings … that the circuit court… Read more
State v. Christopher S. Hoppe, 2008 WI App 89 For Hoppe: Martha K. Askins, SPD, Madison Appellate Issue: Whether a plea colloquy that merely established that the defendant was “satisfied” he understood “everything in the questionnaire and waiver of rights and the elements of the charges” sufficed under State v. Bangert, 131 Wis. 2d 246, 389 N.W.2d 12… Read more
State v. Andrae D. Howell, 2007 WI 75, reversing 2006 WI App 182 For Howell: Ellen Henak, SPD, Milwaukee Appellate Issue/Holding: ¶27 A Bangert Motion. A defendant may invoke Bangert only by alleging that the circuit court failed to fulfill its plea colloquy duties. [16] A Bangert motion warrants an evidentiary hearing if (1) the motion makes “aprima facie showing that [the] plea was accepted without the… Read more
State v. Monika S. Lackershire, 2007 WI 74, reversing 2005 WI App 265 For Lackershire: Steven P. Weiss, SPD, Madison Appellate Issue/Holding: Bangert procedure applies to challenge to failure to establish adequate factual basis where the facts are disputed: ¶50 In the present case, however, the facts are in dispute precisely because the circuit court failed to conduct a… Read more
State v. Monika S. Lackershire, 2007 WI 74, affirming (this holding of) 2005 WI App 265 For Lackershire: Steven P. Weiss, SPD, Madison Appellate Issue/Holding: ¶62 Finally, we consider Lackershire’s argument that her plea was involuntary because she feared that the stress of trial would affect her pregnancy. … … ¶64 Lackershire has raised no… Read more
