State v. John A. Jipson, 2003 WI App 222 For Jipson: Martha K. Askins, SPD, Madison Appellate Issue/Holding: ¶16. Jipson’s answers, while incriminating, have no bearing on the focus here. That is, the answers do not establish Jipson knew the State had to prove the purpose of the sexual contact was an element of the… Read more
2. 809.30, direct appeal
State v. John A. Jipson, 2003 WI App 222 For Jipson: Martha K. Askins, SPD, Madison Appellate Issue/Holding: ¶7. When challenging a guilty or no contest plea, the defendant has the initial burden to produce a prima facie case comprised of the following two parts. First, the defendant must show the trial court accepted the… Read more
State v. William L. Brockett, 2002 WI App 115, PFR filed 5/17/02 For Brockett: Hans P. Koesser Issue/Hearing: The defendant’s right to personal presence at a postconviction evidentiary hearing hinges on the existence of substantial issues of fact in which the defendant participated. Here, there was a substantial dispute, but it related to a “side issue,”… Read more
State v. Corey J. Hampton, 2002 WI App 293, affirmed, 2004 WI 107 For Hampton: Melinda A. Swartz, SPD, Milwaukee Appellate Issue/Holding: The pleading requirements for a hearing imposed by State v. Bentley, 201 Wis. 2d 303, 548 N.W.2d 50 (1996) aren’t applicable to a motion for plea-withdrawal based on defective colloquy: ¶20. Hampton responds… Read more
State v. Paul L. Polak, 2002 WI App 120, PFR filed 5/3/02 For Polak: Philip J. Brehm Issue/Holding: A defendant need not be produced for a postconviction hearing where there are no substantial issues of fact to resolve. ¶22… Read more
State v. Everardo A. Lopez, 2001 WI App 265 For Lopez: Margaret A. Maroney, SPD, Madison Appellate Issue: Whether plea withdrawal is the appropriate remedy where the record contains no evidence that Lopez understood all elements of the offense Holding: ¶22. The proper remedy upon determining that the State failed to establish that Lopez understood the… Read more
State v. Everardo A. Lopez, 2001 WI App 265 For Lopez: Margaret A. Maroney, SPD, Madison Appellate Issue: Whether Lopez made a prima facie showing that the plea colloquy was inadequate. Holding: The Spanish-speaking Lopez had problems, acknowledged by the trial court, communicating with his interpreter and necessitating a continuance of the plea hearing. At neither the… Read more
.State v. Bobby G. Grant, 230 Wis.2d 90, 601 N.W.2d 8 (Ct. App. 1999) For Grant: Patrick M. Donnelly, SPD, Madison Appellate Issue: Whether Grant’s waiver of jury trial was invalid because the trial court failed to advise that the verdict must be unanimous. Holding: The procedure applicable to challenging guilty pleas, State v. Bangert, 131 Wis. 2d… Read more
