On Point blog, page 25 of 25
Guilty Plea Waiver Rule – Issues Waived — “Becker” Issue
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 issue, in other words, is one of potential constitutional,
Judicial Estoppel: Challenge to Favorable Ruling
State v. Darcy N.K., 218 Wis. 2d 640, 581 N.W.2d 567 (Ct. App. 1998)
For Darcy K.: Kenneth L. Lund, SPD, Madison Appellate
Issue/Holding: A party who prevailed at the trial level is judicially estopped, on appeal, from challenging the trial court’s favorable action taken at his or her own request.
Waiver of Issue: Jury Selection – Batson Objection, Timeliness: Prior to Jury’s Swearing
State v. Dennis Jones, 218 Wis. 2d 599, 581 N.W.2d 561 (Ct. App. 1998)
For Jones: Michael S. Holzman
Issue/Holding:
The State argues that Jones’s Batson objection, made after the jury was sworn, came too late. Jones responds that his objection was timely. We conclude that the defendant must make a Batson objection prior to the time the jury is sworn. If the objection is not made until after that time,
Sentence Modification: Judicial Estoppel Bar — Agreement to Recommended Sentence
Scott A. Magnuson, 220 Wis. 2d 468, 583 N.W.2d 843 (Ct. App. 1998)
For Magnuson: T. Gregory Amann
Issue/Holding:
We conclude that Magnuson is judicially estopped from asserting that the two twelve-year concurrent sentences are excessive. Although Magnuson contends he did not agree to the recommended sentence, the record belies his claim. Magnuson’s probation officer set forth the recommendation in the presentence investigation report (PSI).