State v. Dennis J. Kivioja, 225 Wis.2d 271, 592 N.W.2d 220 (1999), on certification For Kivioja: Mark G. Sukowaty. Issue/Holding: Kivioja pleaded guilty after his codefendant, Stehle, implicated him in a string of burglaries. Following his own sentencing and prior to Kivioja’s, Stehle recanted and Kivioja moved to withdraw his pleas. The trial court denied… Read more
3. Before sentencing
State v. Jonathan V. Manke, 230 Wis.2d 421, 602 N.W.2d 139 (Ct. App. 1999) For Manke: Waring R. Fincke Issue/Holding: After a plea-based sentence has been vacated, and re-sentencing ordered, the “fair and just reason” standard applies to a motion to withdraw the plea: Before considering if Manke met his burden of proof, our initial… Read more
State v. Steven M. Shimek, 230 Wis.2d 730, 601 N.W.2d 865 (Ct. App. 1999) For Shimek: Keith A. Findley. Issue: Whether perceived bias on part of PSI author supports pre-sentence withdrawal of guilty plea. Holding: Trial court’s denial of motion, along with disregarding recommendation of that PSI and allowing defense to prepare alternative PSI, was… Read more
State v. Jonathan L. Franklin, 228 Wis.2d 408, 596 N.W.2d 855 (Ct. App. 1999) For Franklin: Archie E. Simonson. Holding: Franklin’s effort to withdraw his guilty plea, based on a claim that his attorney failed to investigate an alibi, is rebuffed. His attorney testified at a plea-withdrawal hearing that Franklin had already admitted that the… Read more
