State v. Jarmal Nelson, 2005 WI App 113 For Nelson: Wm. J. Tyroler, SPD, Milwaukee Appellate Issue/Holding: ¶11 “A defendant seeking to withdraw a plea of guilty or no contest prior to sentencing must show that there is a ‘fair and just reason,’ for allowing him or her to withdraw the plea.” State v. Kivioja… Read more
3. Before sentencing
State v. Jeremy K. Morse, 2005 WI App 223 For Morse: Amelia L. Bizarro Issue/Holding: ¶10 Here, the record reflects that Morse failed to demonstrate either a statutory or a Bangert violation. The plea hearing addressed all the appropriate issues and contains no statutory violations. The plea was extensive and complete. The fact that Morse… Read more
State v. Jarmal Nelson, 2005 WI App 113 For Nelson: Wm. J. Tyroler, SPD, Milwaukee Appellate Issue/Holding: Given that the record established Nelson’s ignorance of the potential for commitment as a sexually violent person (ch. 980) as a result of his guilty pleas, the trial court’s conclusion that he presented a “fair and just” reason… Read more
State v. Jarmal Nelson, 2005 WI App 113 For Nelson: Wm. J. Tyroler, SPD, Milwaukee Appellate Issue: Whether, after Nelson demonstrated a “fair and just” reason for pre-sentencing plea withdrawal, the State satisfied is concomitant burden of showing “substantial prejudice” in order to defeat the motion, where the principal complainant could no longer be found… Read more
State v. Jeremy K. Morse, 2005 WI App 223 For Morse: Amelia L. Bizarro Issue: Whether Morse was entitled to plea-withdrawal on the basis of claimed newly discovered evidence, in the form of taped jail conversations between inmates discussing his case, and certain police reports. Holding: The trial court’s findings that the tapes were inadmissible… Read more
State v. Anthony J. Leitner, 2001 WI App 172, affirmed on other grounds, 2002 WI 77 For Leitner: Jim Scott Issue: Whether the trial court properly denied a presentence motion to withdraw guilty plea. Holding: ¶27. When a defendant shows a fair and just reason, the trial court should permit the plea withdrawal unless there… Read more
State v. Adrian L. Williams, 2000 WI 78, 236 Wis. 2d 293, 613 N.W.2d 132, affirming unpublished decision of court of appeals For Williams: Ellen Henak, SPD, Milwaukee Appellate Issue: Whether “this court [should] adopt a new rule of procedure, which would require that if a trial judge anticipates exceeding the state’s sentence recommendation under… Read more
State v. George R. Bollig, 2000 WI 6, 232 Wis. 2d 561, 605 N.W.2d 199, affirming State v. Bollig,, 224 Wis.2d 621, 593 N.W.2d 67 (Ct. App. 1999) For Bollig: Thomas E. Knothe, Collins, Quillin & Knothe, Ltd. Issue: Whether the trial court should have granted Bollig’s pre-sentencing motion to withdraw guilty plea based on… Read more
