State v. Phillip Cole, 2003 WI 112, on certification For Cole: Michael Gould, SPD, Milwaukee Issue/Holding: Although a facial challenge to the constitutionality of a statute is not waived by a guilty plea (because such a defect would go to subject matter jurisdiction, something not subject to waiver), an “as applied” challenged is waived by… Read more
C. Issues/rights waived by plea
State v. Douglas J. Lasky, 2002 WI App 126, PFR filed 5/16/02 For Lasky: Eileen A. Hirsch, SPD, Madison Appellate Issue/Holding: Claim of “statutory double jeopardy,” § 939.71, not barred by guilty plea waiver rule; court therefore may consider merits of whether elements of federal bank robbery conviction are the same, and therefore preclude prosecution of… Read more
State v. Anthony J. Randle, 2002 WI App 116, PFR filed 4/2/02 For Randle: Paul G. Bonneson Issue: Whether a territorial jurisdiction objection (that none of the constitutent elements occurred in the state, § 939.03(1)) is waived by guilty plea to a lesser offense. Holding: ¶14 In this case, we need not decide whether a defendant… Read more
State v. Jimmie Davison, 2002 WI App 109, overruled on other grounds, 2003 WI 89, ¶111 For Davison: Keith A. Findley, UW Law School Issue/Holding: A guilty plea doesn’t waive a facially valid multiplicity claim. ¶13… Read more
State v. Jeremy J. Hanson, 2001 WI 70, 244 Wis. 2d 405, 628 N.W.2d 759, reversing unpublished decision of court of appeals For Hanson: James B. Connell Issue: Whether a guilty or no contest plea waives the right to challenge the defendant’s status as an habitual traffic offender, and the right to challenge the HTO… Read more
State v. Alfredo Ramirez, 2001 WI App 158, PFR filed 7/11/01 For Ramirez: Elizabeth A. Cavendish-Sosinski Issue: Whether Ramirez’s guilty plea waived an ex post facto challenge to the charged offense. Holding: ¶4 n. 4: We could invoke the guilty plea/waiver rule against Ramirez since he pled guilty to the charge after the trial court… Read more
State v. James G. Langenbach, 2001 WI App 222 For Langenbach: Patrick M. Donnelly, SPD, Madison Appellate Issue: Whether the state may call a defendant to testify, as an adverse witness, at Phase II of an NGI trial, following Phase I guilty plea. Holding: A guilty plea doesn’t necessarily result in loss of fifth amendment… Read more
State v. Chad D. Schroeder, 224 Wis.2d 706, 593 N.W.2d 76 (Ct. App. 1999) For Schroeder: Patrick C. Brennan. Issue/Holding: A guilty plea waives any right to a hearing under State v. Becker, 74 Wis. 2d 675, 247 N.W.2d 495 (1976) (whether state manipulated adult court in not commencing case I juvenile court). A Becker… Read more
