On Point: b. Elements

State v. Damon D. Taylor, 2021AP272-CR, District 4, 12/30/22 (not recommended for publication); case activity (including briefs)

Taylor moved to withdraw his Alford pleas to three crimes. The court of appeals agrees his plea to one of the three crimes was not knowing and intelligent because the circuit court failed to ascertain that he understood the elements of the offense.

State v. Caroline J. Arndt, 2022AP450-CR, District 2, 10/12/22 (one-judge decision; ineligible for publication); case activity (including briefs)

Arndt pleaded no contest to disorderly conduct, but the circuit court’s plea colloquy was defective in two crucial ways, so on the merits—and because the state declined to file a brief in the court of appeals—she’s entitled to withdraw her plea.

State v. Laron Henry, 2017AP939-CR & 2017AP940-CR, District 1, 6/19/18 (not recommended for publication); case activity (including briefs)

Henry sought to withdraw his guilty pleas to three crimes. He claimed that with respect to one of the crimes, he didn’t “ratify” his guilty plea, he didn’t understand one of the elements of the crime, and there wasn’t a factual basis for the plea to the crime. The court of appeals rejects his claims.

State v. Shannon Olance Hendricks, 2018 WI 15, 2/20/18, affirming an unpublished court of appeals opinion, case activity (including briefs)

Can a defendant knowingly and intelligently plead guilty to a charge that requires proof of intent to do “X” if the defendant does not know what “X” is? The majority answers “yes.” Justice Abrahamson (joined by A.W. Bradley) answers “no.” Kurt Vonnegut fans will Shirley enjoy the dissent. 🙂 

State v. Donald L. White, 2017AP188-CR, 8/23/17, District 2 (1-judge opinion, ineligible for publication); case activity (including briefs)

White argued that his plea colloquy was defective because the circuit court did not (1) sufficiently describe the nature of the charge against him, (2) ascertain his education or level of comprehension, especially of the constitutional rights that he was waiving, (3) advise him that he was not bound by the plea agreement and could impose the maximum penalty. He relied primarily on State v. Brown, 2006 WI 100, 293 Wis. 2d 594, 716 N.W.2d 906. The court of appeals distinguished White from Brown and affirmed the decision to deny the motion for plea withdrawal without a hearing.

State v. Cynthia Hansen, 2016AP2114-CR, 6/14/17, District 2 (one-judge decision; ineligible for publication); case activity (including briefs)

Hansen beat up a car that was marital property between her and her wife. She pled to criminal damage to property of another; on appeal she claims, inventively, that the theft statute gave her the right to do just as she did. The court of appeals disagrees.

State v. Richard J. Scott, 2017 WI App 40; case activity (including briefs)

Richard Scott seeks to withdraw his pleas to one count of repeated sexual assault of the same child and one count of possessing child pornography. As to the sexual assault count, he was charged under the wrong statute–a prior version. As to the child pornography, he argues that the complaint lacked a factual basis for the plea. The court of appeals rejects both challenges.

State v. Shannon Olance Hendricks, 2015AP2429-CR, petition for review granted 5/15/17; review of an unpublished court of appeals decision; case activity (including briefs)

Issue (composed by On Point)

Do Wisconsin Statute § 971.08(1) and State v. Bangert require that a defendant entering a guilty plea to a crime with alternative modes of commission understand what the state needs to prove to meet its burden of proof on the mode (or modes) of commission the state has alleged?

State v. Calvin L. Brown, 2012 WI 139 (recommended for publication); case activity

A guilty plea colloquy need not include an explanation of ptac liability when the defendant directly committed the crime:

¶13      …  Although the trial court did not explain that, by directly committing the La Quinta robbery, Brown was “concerned” in its commission as defined by the party to a crime statute,

State v. Andrae D. Howell, 2007 WI 75, reversing 2006 WI App 182
For Howell: Ellen Henak, SPD, Milwaukee Appellate

Issue/Holding: Failure to establish a factual basis for the guilty plea triggers Bangert procedure, ¶¶56-59, citing State v. Monika Lackershire, 2007 WI 74. In this instance (because of a last-minute inclusion of a ptac theory the complaint didn’t assert any accomplice- or vicarious-liability facts;