On Point blog, page 6 of 6
Plea Bargains — Renegotiation of Original Bargain After Unilateral Prosecutorial Withdrawal
State v. Antonio A. Scott, 230 Wis.2d 643, 602 N.W.2d 296 (Ct. App. 1999)
For Scott: Jennifer L. Weston.
Issue: Whether Scott was denied effective assistance of counsel when his attorney allowed him to renegotiate an already-consummated plea bargain without advising that the original agreement was enforceable.
Holding: Counsel’s failure to inform Scott that he had a fully enforceable right to performance of the original plea bargain,
Plea Bargains — Breach: By Prosecutor — Revocation of Probation for Failure to Admit Offense After Alford Plea
State ex rel. Phillip I. Warren v. Schwarz, 219 Wis.2d 615, 579 N.W.2d 698 (1998), affirming State ex rel. Warren v. Schwarz, 211 Wis. 2d 708, 566 N.W.2d 173 (Ct. App. 1997)
State v. Phillip I. Warren, 219 Wis.2d 615, 579 N.W.2d 698 (1998), on certification
For Warren: Ralph A. Kalal.
Issue: Whether “the State breached the Alford plea agreement and thereby violated his right to due process when it revoked his probation solely on his continued assertion of innocence.”