On Point blog, page 32 of 44
Plea-Withdrawal, Post-sentencing — Procedure — Pleading Requirements, Dual Bangert and Nelson/Bentley Motion
State v. Andrae D. Howell, 2007 WI 75, reversing 2006 WI App 182
For Howell: Ellen Henak, SPD, Milwaukee Appellate
Issue/Holding:
¶74 The Bangert and Nelson/Bentley motions, however, are applicable to different factual circumstances. [47] A defendant invokes Bangert when the plea colloquy is defective; a defendant invokes Nelson/Bentley when the defendant alleges that some factor extrinsic to the plea colloquy,
Plea-Withdrawal, Post-sentence — Procedure: Prima Facie Showing, Relative to Rights Waived – Illiterate Defendant, Perfunctory Colloquy
State v. James E. Brown, 2006 WI 100, reversing summary order
For Brown: Richard D. Martin, SPD, Milwaukee Appellate
Issue/Holding: On the particular facts (illiterate defendant, no written questionnaire, perfunctory colloquy) the defendant was entitled to a Bangert hearing on whether the understood the nature of the rights waived by his guilty plea.
With respect to waiver of right to jury trial,
Plea-Withdrawal, Post-sentence — Procedure: Prima Facie Showing, Relative to Knowledge of Charge – Illiterate Defendant, Perfunctory Colloquy
State v. James E. Brown, 2006 WI 100, reversing summary order
For Brown: Richard D. Martin, SPD, Milwaukee Appellate
Issue/Holding: The defendant demonstrated a prima facie showing that his guilty plea was inadequate, where he was illiterate (such that a plea questionnaire wasn’t even prepared) and the trial court’s colloquy was superficial, ¶¶53-58.
The facts are sufficiently extreme that recurrence is highly unlikely and they therefore won’t be detailed in this summary;
Guilty Pleas – Withdrawal of Plea — Post-sentencing — Coercion – Grounds: “Package” Agreement, Youthfulness of Defendant
State v. Timothy J. Goyette, 2006 WI App 178
For Goyette: E.J. Hunt, Kathleen M. Quinn
Issue: Whether Goyette was coerced into pleading guilty under a “package” agreement (one “contingent on two or more codefendants all entering pleas according to the terms of the agreement”), given the seriousness of the charges and the youthfulness (age 16) of the defendant.
Holding: In the absence of any evidence that Goyette was too young to understand the implications or that he was pressured by his attorney or unable to meet alone with him,
Deferred Prosecution Agreement (Domestic Abuse), § 971.37 – Post-Revocation Withdrawal Comes within Test for Post-Sentencing Motion
State v. Sean M. Daley, 2006 WI App 81, on remand, PFR filed 5/10/06; prior history: 2005 WI App 260, decision vacated and remanded, 2006 WI 25
For Daley: Kirk B. Obear
Issue/Holding: Motion for plea-withdrawal following revocation of a deferred prosecution agreement but before sentencing has been imposed is gauged by the manifest injustice test for post-sentencing plea withdrawal,
Plea Bargains — Validity: Waiver of Right to Appeal or Collateral Attack
State v. Lawrencia Ann Bembenek, 2006 WI App 198, PFR filed 10/3/06
For Bembenek: Joseph F. Owens, Woehrer, Mary L.
Issue: Whether Bembenek’s postconviction motion for DNA testing at State’s expense, as part of an effort to establish her innocence, was barred by her plea agreement whose terms included waiver of her right to direct appeal and collateral attack and “any challenges that might be brought to the underlying factual basis for this plea.”
Holding:
¶15 The record demonstrates that an exchange of promises in return for specific benefits occurred: (1) Bembenek would no longer be convicted of first-degree murder;
Deferred Prosecution Agreement (Domestic Abuse), § 971.37 – Validity
State v. Sean M. Daley, 2006 WI App 81, on remand, PFR filed 5/10/06; prior history: 2005 WI App 260, decision vacated and remanded, 2006 WI 25
For Daley: Kirk B. Obear
Issue/Holding: A deferred prosecution agreement, whereby the defendant enters no contest pleas but entry of judgment of conviction is stayed,
Guilty Pleas – Required Knowledge — Deportation — Detainer Filed in Another Case
State v. Javier Bedolla, 2006 WI App 154, (AG’s) PFR filed 7/26/06
For Bedolla: Susan E. Alesia
Issue: Whether the defendant failed to show likelihood of deportation, so as to entitle him to plea withdrawal under § 971.08(1)(c), where a detainer had already been filed against him in another case which would also subject him to deportation.
Holding:
¶10 What is relevant is that Bedolla,
Guilty Pleas – Factual Basis – Use of Complaint, Generally
State v. Wayne A. Sutton, 2006 WI App 118, PFR filed 6/18/06
For Sutton: William E. Schmaal, SPD, Madison Appellate
Issue/Holding:
¶16 Sutton next argues that the circuit court erred in accepting his plea on the charge of first-degree recklessly endangering safety because there was not a sufficient factual basis for that charge. When we review a circuit court’s determination that a sufficient factual basis exists to support a plea,
Guilty Pleas – Factual Basis – Particular Instances: Obstructing (“Lawful Authority” of Police Officer)
State v. Anna Annina, 2006 WI App 202
For Annina: Robert R. Henak
Issue/Holding: Although police entry into the defendant’s house was pursuant to a search warrant later declared to be invalid, the defendant’s acts in response to that entry amounted to disorderly conduct which did allow for an arrest under lawful police authority; defendant could therefore be convicted for resisting a lawful arrest for disorderly conduct,