On Point: 21. Guilty pleas

State v. Morris L. Harris, 2009AP2759-CR, District 1, 11/2/10

court of appeals decision (3-judge, not recommended for publication); for Harris: Gary Grass; BiC; Resp.; Reply

Guilty Plea – Withdrawal – Presentence

The trial court properly applied the “fair and just reason” standard to Harris’s presentencing motion to withdraw guilty plea, ¶¶5-9.

The particular grounds asserted – no factual basis for plea;

State v. Ricardo Lopez, 2010 WI App 153 (recommended for publication); for Lopez: Catherine M. Canright; BiC; Resp.; Reply

The plea colloquy was deficient with respect to Lopez’s understanding of the rights waived by his no contest plea, therefore in response to his postconviction motion to withdraw plea the trial court held a hearing at which the State bore the burden of proving his understanding.

State v. John M. Anthony, 2009AP2171-CR, District 1, 10/13/10

court of appeals decision (3-judge, not recommended for publication); pro se; Resp. Br.

Motion to withdraw Plea, Pre-Sentence

Based on trial court findings that Anthony decision to plead no contest was based on his attorney’s informed assessment that he was likely to be found guilty if he went to trial, the court of appeals rejects his claim that he was coerced into pleading by counsel’s lack of preparation and holds instead that he failed to establish a “fair and just”

State v. Christopher Jones, 2009AP2761-CR, District 1, 9/28/10

court of appeals decision (3-judge, not recommended for publication); for Jones: Jeremy C. Perri, SPD, Milwaukee Appellate; BiC; Resp.; Reply

The court rejects a claim of an “end-run” around the plea bargain, which limited the State’s recommendation to 10 years imprisonment while leaving the “configuration” of confinement and supervision to judicial discretion, based on prosecutorial comments:

• the “whole matter was “aggravated by the defendant’s record,”

State v. James Stoner, III, 2009AP2963, District 2, 9/22/10

court of appeals decision (1-judge, not for publication); for Stoner: Joshua Davis Uller; BiC; Resp.; Reply

“Reopen-and-amend” plea bargains, “referring to those plea bargains where the State and defendant agree that a judgment of conviction, once announced, will be amended by the State upon the happening of some future event. 

2nd Circuit court of appeals decision

Federal Habeas (28 U.S.C. § 2254) – Filing Deadline – Brady Claim

The 2254 filing deadline is one year from the date the state-court conviction becomes “final,” subject to certain exceptions, including one which restarts the limitation period from “the date on which the factual predicate of the claim or claims presented could have been discovered through the exercise of due diligence,” 28 U.S.C.

State v. Timothy Ray Anderson, 2009AP2416-CR, District 1, 8/17/10

court of appeals decision (3-judge, not recommended for publication); for Anderson: Jeremy C. Perri; BiC; Resp.; Reply

Anderson’s postconviction motion for plea withdrawal, on the ground he didn’t understand that a charge “dismissed outright” could nonetheless be considered at sentencing, was properly denied without hearing. The circuit expressly denied that the dismissed charge was factored into the sentence,

State v. Roger D. Godwin, No. 2009AP2999-CR, District 4, 8/5/10

court of appeals decision (1-judge, not for publication); pro se

Recusal – Waiver

¶10      Godwin argues that Judge VanDeHey should have recused himself from the case because one of the judge’s colleagues, Judge Curry, and other courthouse staff were Godwin’s victims in the bomb threat case. The State argues that the judge was not required to recuse under WIS.

Alan Ward v. Deppisch, 7th Cir No. 08-2809, 07/23/2010

7th circuit decision, review of unpublished court of appeals decision

Habeas – Procedural Default

The state argues that Ward procedurally defaulted his claim because he failed to fairly present the Wisconsin courts with a federal issue, and the state courts ruled against Ward based on adequate and independent state law grounds. We disagree. A review of Ward’s postconviction motion before the state court shows that he fairly presented a federal issue.

State v. Kurt D. Neis, No. 2009AP1287-CR, District IV, 7/15/10

court of appeals decision (1-judge, not for publication); for Neis: Jacquelyn L. Wolter; BiC; Resp.; Supp. Resp.

Guilty Pleas – Collateral Consequence – Federal Gun Ban

Although Neis’s guilty plea to disorderly conduct, § 947.01, subjected him to the automatic federal firearm ban given the circuit court’s finding that the conduct related to domestic violence,