4. After sentencing

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

State v. James E. Brown, 2006 WI 100, reversing summary order For Brown: Richard D. Martin, SPD, Milwaukee Appellate Issue/Holding: ¶39      After sentencing, in cases that involve an alleged deficiency in the plea colloquy, an attempt to withdraw a guilty plea proceeds as follows. The defendant must file a postconviction motion under Wis. Stat. § 809.30 or other appropriate statute… Read more