On Point blog, page 44 of 44
Plea-Withdrawal, Post-sentencing — Procedure — Reliance on Counsel’s Expertise to Infer Understanding of Elements
State v. Robert J. Nichelson, 220 Wis. 2d 214, 582 N.W.2d 460 (Ct. App. 1998)
For Nichelson: Paul M. Moldenhauer
Issue/Holding:
The State concedes that the discussion between Willett and Nichelson did not include a “complete catalogue of the elements of the offense.” It also appears to concede that, “examined in a vacuum, the above colloquy [between Willett and Nichelson] would not satisfy the [constitutional] requirements.”
Plea Bargains — Breach: By Prosecutor — Revocation of Probation for Failure to Admit Offense After Alford Plea
State ex rel. Phillip I. Warren v. Schwarz, 219 Wis.2d 615, 579 N.W.2d 698 (1998), affirming State ex rel. Warren v. Schwarz, 211 Wis. 2d 708, 566 N.W.2d 173 (Ct. App. 1997)
State v. Phillip I. Warren, 219 Wis.2d 615, 579 N.W.2d 698 (1998), on certification
For Warren: Ralph A. Kalal.
Issue: Whether “the State breached the Alford plea agreement and thereby violated his right to due process when it revoked his probation solely on his continued assertion of innocence.”
Guilty Pleas – Required Knowledge – Collateral & Direct Consequences – Alford plea – probation condition requiring admission of guilt
State ex rel. Phillip I. Warren v. Schwarz, 219 Wis.2d 615, 579 N.W.2d 698 (1998), affirming State ex rel. Warren v. Schwarz 211 Wis. 2d 708, 566 N.W.2d 173 (Ct. App. 1997).
State v. Phillip I. Warren, 219 Wis.2d 615, 579 N.W.2d 698 (1998), on certification
For Warren: Ralph A. Kalal
Issue: “(W)hether the circuit court’s failure to inform Warren at the time of his Alford plea that he would be required to admit his guilt during a sex offender treatment program rendered that plea unknowing and involuntary in violation of his right to due process,”
Guilty Pleas – Required Knowledge — Collateral & Direct Consequences — Sexually Violent Persons Commitment
State v. Robert L. Myers, Jr., 199 Wis. 2d 391, 544 N.W.2d 609 (Ct. App. 1996)
Issue/Holding:
We agree with the State that the potential for a future ch. 980, Stats., commitment was a collateral consequence of Myers’ guilty plea. Trial courts may not accept a guilty plea unless they are satisfied that the plea is knowing and voluntary. State v. James, 176 Wis.2d 230,