State v. John M. Anthony, 2009AP2171-CR, District 1, 10/13/10 court of appeals decision (3-judge, not recommended for publication); pro se; Resp.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
3. Before sentencing
State v. Eugene D. Rhodes, 2008 WI App 32, PFR filed 1/15/08 For Rhodes: Joseph E. Redding Issue/Holding: Counsel’s “forceful” advice that defendant enter a guilty plea wasn’t in and of itself a “fair and just” reason sufficient to require pre-sentencing grant of a motion to withdraw the plea: ¶11 Rhodes proffers his attorney’s “forceful… Read more
State v. Barry M. Jenkins, 2007 WI 96, reversing 2006 WI App 28 For Jenkins: Melinda A. Swartz, SPD, Milwaukee Appellate Issue/Holding: ¶31 A “fair and just reason” has never been precisely defined. State v. Shimek, 230 Wis. 2d 730, 739, 601 N.W.2d 865 (Ct. App. 1999). Indeed, the fair and just reason standard “lack[s] any pretense of… Read more
State v. Frederick W. Rushing, 2007 WI App 227, PFR filed 10/25/07 For Rushing: Randall E. Paulson, SPD, Milwaukee Appellate Issue/Holding: “A claim of innocence, of course, is not sufficient as a stand-alone reason to permit a plea withdrawal even before sentencing. State v. Harvey, 2006 WI App 26, ¶23, 289 Wis. 2d 222, 239… Read more
State v. Barry M. Jenkins, 2007 WI 96, reversing 2006 WI App 28 For Jenkins: Melinda A. Swartz, SPD, Milwaukee Appellate Issue: Whether Jenkins’ claim that he (wrongly) thought he would be guaranteed an opportunity to work with law enforcement in return for potential sentencing benefit was a fair and just reason to allow pre-sentencing… Read more
State v. Frederick W. Rushing, 2007 WI App 227, PFR filed 10/25/07 For Rushing: Randall E. Paulson, SPD, Milwaukee Appellate Issue/Holding: Unrefuted indications of the child-complainant’s changed recollection of the details and reluctance to testify, ¶¶8-9, established “substantial prejudice” so as to defeat a pre-sentencing motion to withdraw plea: ¶16 A defendant seeking to withdraw… Read more
State v. Steven A. Harvey, 2006 WI App 26 For Harvey: Christopher William Rose Issue/Holding: Defendant’s recalculation of his chance’s at trial after pleading guilty in an effort to maximize chances of avoiding or reducing prison term, uncoupled to any claim of confusion about the nature of the offense, was not a fair and just… Read more
State v. Barry M. Jenkins, 2006 WI App 28, overruled on other grounds, 2007 WI 96 For Jenkins: Melinda A. Swartz, SPD, Milwaukee Appellate Issue/Holding: ¶31 Our conclusion that Jenkins had a fair and just reason for plea withdrawal does not end our inquiry. We must consider whether the State would be substantially prejudiced by… Read more
