On Point blog, page 35 of 44
Plea-Withdrawal, Post-sentencing – Procedure – Pleading Requirements – Sexual Assault
State v. Monika S. Lackershire, 2005 WI App 265, reversed, 2007 WI 74
For Lackershire: Steven P. Weiss, SPD, Madison Appellate
Issue: Whether Lackershire, an adult female convicted of sexual assault (intercourse) of a child, established a prima facie case for plea-withdrawal due to lack of adequate understanding of the elements.
Holding:
¶8 Initially, we note that in a plea withdrawal motion like Lackershire’s,
Plea Agreements — Judicial Participation
State v. Antoine T. Hunter, 2005 WI App 5
For Hunter: James R. Lucius
Issue: Whether the trial court’s observation to defendant, following denial of an assertedly “dispositive” suppression motion, that acquittal was “unlikely,” but that “coming forward and admitting your guilt” would provide “the opportunity to get some credit,” amounted to judicial participation in plea bargaining as banned by State v. Corey D. Williams,
Plea Agreements — Partial Withdrawal Doesn’t Necessarily Work Repudiation of Entire Bargain
State v. Jarmal Nelson, 2005 WI App 113
For Nelson: Wm. J. Tyroler, SPD, Milwaukee Appellate
Issue: Whether Nelson’s successful attempt to withdraw three of five bargain-based guilty pleas had the effect of abrogating the entire agreement so as to require withdrawal of the other two pleas.
Holding:
¶23 Finally, Nelson asserts that if he is successful in withdrawing some of his pleas,
Guilty Pleas – Plea Bargains – Breach: By Prosecutor: Immediate Correction of Breach
State v. Richard L. Bowers, 2005 WI App 72
For Bowers: George Tauscheck
Issue/Holding: The State’s immediate correction of recommended disposition in excess of the plea bargain’s limit rendered the breach insubstantial and therefore not actionable; State v. Knox, 213 Wis. 2d 318, 321, 570 N.W.2d 599 (Ct. App. 1997), followed:
¶12. We reach the same conclusion here. While the State did not correct itself with tremendous enthusiasm and zeal and while the trial court did not reflect upon the State’s “earnest”
Plea Bargains — Breach: By Defendant – Failure to Appear at Sentencing – Renegotiation: Defendant’s Assent, not Knowledge of Specific Performance, Required
State v. Brad S. Miller, 2005 WI App 114
For Miller: William E. Schmaal, SPD, Madison Appellate
Issue/Holding:
¶8 In State v. Sprang, 2004 WI App 121, 274 Wis. 2d 784, 683 N.W.2d 522, we explained that when a prosecutor breaches a plea agreement by arguing for a harsher sentence than the one the prosecutor agreed to recommend and defense counsel fails to object,
Guilty Pleas – Required Knowledge — Collateral & Direct Consequences – TIS Confinement Time, Set by Court
State v. Richard C. Plank, 2005 WI App 109
For Plank: Jamy Richard Johansen
Issue: Whether a voluntary guilty plea to a TIS offense requires knowledge of ineligibility for parole or good-time credit.
Holding:
¶15 Plank contends that because Byrge holds that parole eligibility is a direct consequence, the lack of parole eligibility under truth-in-sentencing is also a direct consequence.
Guilty Pleas – Required Knowledge – Direct and Collateral Consequences – Maximum Punishment
State v. Kenneth V. Harden, 2005 WI App 252
For Harden: Ralph Sczygelski
Issue/Holding: Misinformation with respect to the maximum punishment (defendant was told the maximum was 19 years, 6 months when the correct maximum was 16 years) necessarily renders the guilty plea invalid, without regard to whether the misinformation affected the decision to plead guilty, ¶¶5-6, effectively overruling State v. Paul Delao Quiroz,
Guilty Pleas – Post-Sentencing Plea Withdrawal: Suppression of Material Exculpatory Impeachment Evidence – Statutory Basis
State v. Kevin Harris, 2004 WI 64, affirming as modified 2003 WI App 144, 266 Wis. 2d 200, 667 N.W.2d 813
For Harris: Steven A. Koch
Issue/Holding:
¶34 We recognize that in the constitutional context, the Brady requirement of materiality is dependent upon whether the suppressed evidence undermines confidence in the outcome of the trial and that no trial took place here.
Guilty Pleas – Post-Sentencing Plea Withdrawal: Procedure, Generally
State v. Corey J. Hampton, 2004 WI 107, affirming 2002 WI App 293, 259 Wis. 2d. 455, 655 N.W.2d 131
For Hampton: Melinda A. Swartz, SPD, Milwaukee Appellate
Issue: Whether, in moving to withdraw guilty plea on the basis of failure to inform the defendant that the trial court wasn’t bound by the plea agreement, the defendant need only assert lack of such understanding;
Plea Bargains – Validity: Reopen and Amend to Less Serious Offense if Restitution Made Before Sentencing
State v. Peter R. Cash, 2004 WI App 63
For Cash: Lynn M. Bureta
Issue: Whether a plea agreement, which provided that if Cash returned stolen goods prior to sentencing the State would request that the judgment be reopened and amended from burglary to Class E felony theft, was invalid and the guilty plea therefore invalid as well, under the logic of State v. Hayes,