On Point: 21. Guilty pleas

State v. Julius C. Burton, 2013 WI 61, affirming unpublished court of appeals decision; unanimous opinion by Justice Prosser; case activity

In a case of interest primarily, if not exclusively, to lawyers handling postconviction proceedings in state courts, the supreme court holds Burton’s plea withdrawal motion was insufficient to merit an evidentiary hearing because it failed to allege sufficient facts to support either the ineffective assistance of counsel claim or the claim Burton’s plea was invalid because of a defective plea colloquy.

United States. v. Anthony Davila, USSC No. 12-167, 6/13/13

United States Supreme Court decision, reversing United States v. Davila, 664 F.3d 1355 (11th Cir. 2011) (per curiam)

Rule 11(c)(1) of the Federal Rules of Criminal Procedure provides that parties may discuss and reach a plea agreement, but that the court “must not participate in these discussions.” In this case there is not dispute that a Magistrate Judge violated Rule 11(c)(1) by improperly participating in plea discussions by engaging in “repeated exhortations”

State v. Aaron L. Wood, 2013 WI App 88; case activity

The state did not breach the plea agreement where the prosecutor, after making the agreed-upon recommendation, expressed alarm and concern at what he discovered in the PSI after the plea agreement was made and referred in his sentencing argument to the negative portions of the PSI. State v. Williams, 2002 WI 1,

State v. London Mack Stewart, 2013 WI App 86; case activity

Stewart was convicted of reckless injury, reckless endangerment, and felon in possession after he shot at and injured a police officer executing a warrant at a home where Stewart was staying. (¶2). Under the plea agreement the state agreed to recommend a “global” 25-year sentence (15 in, 10 out); the state did so, but the injured officer,

State v. Juan M. Rodriguez-Faustino, 2012AP2777, District 1, May 29, 2013; court of appeals decision (1-judge; ineligible for publication); case activity

Rodriguez-Faustino pled to a misdemeanor drug offense and, in January 2007, was placed on probation for 12 months. (¶¶4-5). In September 2012 he filed a motion to withdraw his plea, asserting his attorney was ineffective under Padilla v. Kentucky, 130 S.Ct. 1473, 1475‑1476 (2010),

State v. Edward Devon Smart, 2012AP1178-CR, District 1, 5/7/13; court of appeals decision (not recommended for publication); case activity

Smart is not entitled to plea withdrawal based on co-actor’s testimony that he coerced Smart to commit the crime because the coercion evidence could have been presented using other witnesses known to defendant before he entered his plea:

¶7        Smart argues that Rushing’s testimony is new because he did not know Rushing would testify that he forced Smart to rob the victims.  

State v. Nely B. Robles, 2013 WI App 76; case activity.

Issue:  When accepting a guilty plea is the circuit court required to specify whether the defendant is pleading to a felony or a misdemeanor?

Robles sought to withdraw her guilty plea on the grounds that the circuit court’s failure to specify the designation of the charged crime violated Wis. Stats.  § 971.08(1)(a)’s requirement that she be informed of the “nature of the charge.”  

State v. Gerald D. Taylor, 2013 WI 34, on review of court of appeals certification; case activity

In a split decision, the supreme court holds that a defendant is not entitled to an evidentiary hearing under the long-established procedure established by State v. Bangert, 131 Wis. 2d 246, 389 N.W.2d 12 (1986), even though the trial court misinformed him of the maximum penalty he faced:

¶8        We hold that the defendant’s plea was entered knowingly,

State v. Taylor continues what the supreme court began in State v. Cross, 2010 WI 70, 326 Wis. 2d 492, 786 N.W.2d 64:  Dismantling by implication the well-established Bangert procedures and creating new ways for trial courts to avoid evidentiary hearings on plea withdrawal motions.

Taylor’s motion clearly established enough to get an evidentiary hearing under Bangert. (¶75). So why didn’t he get one?

State v. Lisa A. Brabazon, 2012AP1171-CR, District 4, 3/28/13; court of appeals decision (not recommended for publication); case activity

Guilty plea — factual basis; value of stolen property

The victim’s statements as to the value of the stolen property (which were set forth in the complaint) provided a sufficient factual basis for concluding that the value exceeded the $5,000 threshold for felony theft:

¶19      ….