State v. Minerva Lopez, 2014 WI 11, reversing an unpublished summary disposition of the court of appeals (available here: MINERVA LOPEZ ORDER 3 8 13); case activity Allowing the defendant to withdraw her no contest pleas would cause substantial prejudice to the state because it would mean the defendant’s trial would occur after the child victim turned… Read more
3. Before sentencing
State v. Gabriella Bernabei, 2013AP1734-CR & 2013AP1735-CR, District 4, 2/27/14; court of appeals decision (1-judge; ineligible for publication); case activity: 2013AP1734-CR; 2013AP1735-CR The trial court properly denied Bernabei’s motion to withdraw her pleas before sentencing because the record supported its conclusion that she had not proven she was suffering a panic attack at the time… Read more
State v. Carl A. Reed, 2013 WI App 132; case activity Reed pled no contest to substantial battery in exchange for the State’s agreement to dismiss 3 other counts and to refrain from making a sentencing recommendation. The State also received the right to withdraw from the agreement if Reed “commits any new or additional… Read more
Review of court of appeals summary disposition (PDF here: MINERVA LOPEZ ORDER 3 8 13); case activity Issue (composed by On Point) Did the circuit court err in concluding that it should deny Lopez’s pre-sentencing plea withdrawal motion because plea withdrawal would substantially prejudice the state? This issue statement is based on the summary disposition issued… Read more
State v. Dennis C. Strong, Jr., 2012AP1204-CR, District 3, 11/30/12 court of appeals decision (1-judge, ineligible for publication); case activity The trial court undertook an appropriate colloquy with Strong before allowing him to waive counsel and represent himself, leading to guilty pleas. The court thus rejects his claim that his pleas were premised on a… Read more
State v. Travis J. Guttu, 2012AP129-CR, District 3/4, 11/28/12 court of appeals decision (not recommended for publication); case activity After entering guilty pleas to multiple counts, Guttu unsuccessfully sought presentencing plea-withdrawal. After sentencing, he sought to withdraw the pleas on different grounds, more particularly: counsel was ineffective for failing to assert Guttu’s lack of knowledge… Read more
State v. Matthew J. Laughrin, 2011AP1600-CR, District 1, 6/12/12 court of appeals decision (not recommended for publication); case activity Laughrin, after pleading guilty to second-degree reckless homicide for providing a controlled substance (Suboxone) to someone who died after ingesting it, sought pre-sentencing plea-withdrawal on the basis of an expert’s report that Suboxone alone generally doesn’t cause death. The trial… Read more
State v. Morris L. Harris, 2009AP2759-CR, District 1, 11/2/10 court of appeals decision (3-judge, not recommended for publication); for Harris: Gary Grass; BiC; Resp.; Reply Guilty Plea – Withdrawal – Presentence The trial court properly applied the “fair and just reason” standard to Harris’s presentencing motion to withdraw guilty plea, ¶¶5-9. The particular grounds asserted… Read more
