On Point: 21. Guilty pleas

State v. Hou Erik Vang, 2010 WI App 118; for Vang: John L. Sesini; BiC; Resp.; Reply

¶1        Hou Vang appeals an order denying his motion to withdraw his no contest pleas to second-degree sexual assault of a child and felony bail jumping. Vang argues WIS. STAT. §§ 971.08(1)(c), (2)[1] entitle him to withdraw his pleas because, although the circuit court provided the statutory deportation warning at his arraignment,

State v. Joshua D. Conger, 2010 WI 56, on certification; for Conger: Anthony L. O’Malley; Brief (State); Brief (Conger); Brief (Judge Grimm); Reply (Conger); Amicus (Prosecution Project, UW)

Plea Bargain – Rejection

A circuit court has post-arraignment authority to reject a proposed plea bargain that would result in amendment to the charge; State v.

State v. Charles D. Brown, No. 2009AP2093-CR, District I, 6/23/10

court of appeals decision (3-judge, not recommended for publication); for Brown: Martin J. Pruhs; BiC; Resp.

Under State v. Comstock, 168 Wis. 2d 915, 485 N.W.2d 354 (1992), a court may not sua sponte order withdrawal of a guilty plea, absent fraud or intentional withholding of material information.

Padilla v. Kentucky, USSC No. 08-651, 3/31/10

In sum, we have long recognized that the negotiation of a plea bargain is a critical phase of litigation for purposes of the Sixth Amendment right to effective assistance of counsel. Hill , 474 U. S., at 57; see also Richardson , 397 U. S., at 770–771. The severity of deportation—“the equivalent of banishment or exile,” Delgadillo v.

State v. Karon M. Asmus, 2010 WI App 48; for Asmus: Donald C. Dudley

Interstate Detainer Act claim is waived by guilty plea:

¶3        A guilty plea constitutes a waiver of all nonjurisdictional defects and defenses. State v. Kelty, 2006 WI 101, ¶18, 294 Wis. 2d 62, 716 N.W.2d 886. This rule applies even though the defendant attempts to preserve an issue by raising it in the circuit court. 

court of appeals decision (3-judge; not recommended for publication); Randall E. Paulson, SPD, Milwaukee Appellate; BiC; Resp. Br.; Reply

Pre-Sentence Plea Withdrawal
Adverse findings of fact doom pre-sentencing plea withdrawal premised on claims: attorney rushed Watson into pleading out, but trial court accepted attorney’s testimony to contrary; and Watson hadn’t seen victims’ videotaped statements, but Watson knew through police reports and discussions with attorney nature of their allegations.

court of appeals decision; for Duckett: Michael K. Gould, SPD, Milwaukee Appellate; BiC; Resp. Br.; Reply Br.

Guilty Pleas – Breach – Lack of Contemporaneous Objection
Failure to object contemporaneously forfeits right of review of subsequently-asserted plea bargain breach. The issue therefore is reviewable only “in the context of a claim for ineffective assistance of counsel,” ¶6.

The court is fond of making this pronouncement,

court of appeals decision (3-judge; not recommended for publication)

Guilty Plea – Hearing on Motion to Withdraw
Ruby satisfied burden of production, therefore was entitled to postconviction hearing, on plea-withdrawal due to ignorance of elements and/or maximum penalty.

Guilty plea waiver; detainers

Click here for court of appeals decision 

Defense counsel: Susan E. Alesia, SPD, Madison Appellate

 Issue/Holding:   

¶6        Waiver. Before addressing the merits, the State argues that Tarrant’s no contest plea constitutes a waiver of all nonjurisdictional defects and defenses. State v. Multaler, 2002 WI 35, ¶54, 252 Wis. 2d 54, 643 N.W.2d 437.

State v. Christopher S. Hoppe, 2009 WI 41, affirming 2008 WI App 89
For Hoppe: Martha K. Askins, SPD, Madison Appellate

Issue/Holding: A court may incorporate a plea questionnaire form into the guilty plea colloquy, but only up to a point:

 ¶32     The Plea Questionnaire/Waiver of Rights Form provides a defendant and counsel the opportunity to review together a written statement of the information a defendant should know before entering a guilty plea.