On Point: 21. Guilty pleas

Question presented

Whether the court of appeals erred in holding that any degree of judicial participation in plea negotiations, in violation of Federal Rule of Criminal Procedure 11(c)(1), automatically requires vacatur of a defendant’s guilty plea, irrespective of whether the error prejudiced the defendant.

Lower court opinion (United States v. Davila, 664 F.3d 1355 (11th Cir. 2011) (per curiam) )

Docket

Scotusblog page

This case appears to be of limited import to Wisconsin practitioners,

State v. Justin L. Garrett, Case No. 12AP1341-CR, District 2, 12/19/12

Court of appeals decision (1 judge; ineligible for publication); case activity

Garrett failed to make a prima facie showing that his plea colloquy was defective, so his motion to withdraw plea was properly denied without an evidentiary hearing:

¶10      Garrett argues that he did not understand the meaning of the specific elements of the charge of fourth-degree sexual assault: sexual contact and consent.  

State v. Mark A. Gierczak, 2012AP965-CR, District 4, 12/13/12

court of appeals decision (1 judge; ineligible for publication); case activity

For purposes of obstructing an officer § 946.41, “officer” includes someone with authority “to take another into custody,” and therefore includes a correctional officer at a county jail, ¶¶11-12. The court of appeals thus rejects Gierczak’s challenge to the factual basis for his obstructing plea where as a county jail inmate,

State v. Robert Edwin Burkhardt, 2009AP2174-CR, District 1/4, 12/6/12

court of appeals decision (not recommended for publication); case activity

Search & Seizure – Consent 

Consent to search isn’t vitiated by nonpretextual threat to obtain a search warrant:

¶16      … (I)t is well established that, “[t]hreatening to obtain a search warrant does not vitiate consent if ‘the expressed intention to obtain a warrant is genuine … and not merely a pretext to induce submission.’”  Artic,

State v. Dennis C. Strong, Jr., 2012AP1204-CR, District 3, 11/30/12

court of appeals decision (1-judge, ineligible for publication); case activity

The trial court undertook an appropriate colloquy with Strong before allowing him to waive counsel and represent himself, leading to guilty pleas. The court thus rejects his claim that his pleas were premised on a violation of his right to counsel, ¶12.

Strong had an apparent change of heart after entering guilty pleas: he turned around and made a request for representation,

State v. Travis J. Guttu, 2012AP129-CR, District 3/4, 11/28/12

court of appeals decision (not recommended for publication); case activity

After entering guilty pleas to multiple counts, Guttu unsuccessfully sought presentencing plea-withdrawal. After sentencing, he sought to withdraw the pleas on different grounds, more particularly: counsel was ineffective for failing to assert Guttu’s lack of knowledge that his plea to one of the counts (sexual assault) subjected him to potential SVP commitment under ch.

State v. Calvin L. Brown, 2012 WI 139 (recommended for publication); case activity

A guilty plea colloquy need not include an explanation of ptac liability when the defendant directly committed the crime:

¶13      …  Although the trial court did not explain that, by directly committing the La Quinta robbery, Brown was “concerned” in its commission as defined by the party to a crime statute,

State v. Ronald W. Lichty, 2012 WI App 129(recommended for publication); case activity

Lichty pleaded no contest pursuant to plea bargain which allowed, due to a good-faith mistake, the State to recommend a period of extended supervision that exceeded the permissible maximum by one year. The error was discerned prior to sentencing, where the State reduced its extended supervision recommendation by one year. (His plea was to two counts of the same offense,

State v. Darold M., 2012AP1020, District 1, 10/10/12

court of appeals decision (1-judge, ineligible for publication); case activity

Juvenile was not entitled to evidentiary hearing on his plea-withdrawal motion, which was premised on an unchecked box on the plea questionnaire signifying whether he understood the charges.

¶2        We conclude that Darold has not met his burden of showing that plea withdrawal is necessary to prevent a manifest injustice under the juvenile plea statute, 

State v. Frederick L. Lucht, 2011AP1644-CR, District 4, 9/27/12

court of appeals decision (not recommended for publication); case activity

The record supports the existence of an agreement between Lucht and another to commit the crime of first-degree intentional homicide.

¶28      Lucht refers us to cases standing for propositions that a conspiracy cannot be based on a mere “agreement to negotiate,” see United States v.