On Point: 3. Required knowledge

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

Issue/Holding: The court must address the defendant personally and establish his or her understanding of the nature of the charge, and if ptac liability is alleged then that theory must be included in the plea colloquy, ¶¶36-37, citing State v. James E. Brown,

State v. Monika S. Lackershire, 2007 WI 74, reversing 2005 WI App 265
For Lackershire: Steven P. Weiss, SPD, Madison Appellate

Issue/Holding: ¶28 n. 8:

We do not adopt the court of appeals’ determinations that read-in charges are merely “collateral consequences” of a plea, and that therefore information about read-ins “is not a prerequisite to entering a knowing and intelligent plea.” Lackershire, 288 Wis. 2d 609,

State v. James E. Brown, 2006 WI 100, reversing summary order
For Brown: Richard D. Martin, SPD, Milwaukee Appellate

Issue/Holding: A plea colloquy is not required to caution the defendant that punishment for each of multiple charges could be imposed consecutively, ¶78.

State v. Timothy J. Goyette, 2006 WI App 178
For Goyette: E.J. Hunt, Kathleen M. Quinn

Issue/Holding:

¶17 The purpose of filing a Bangert plea withdrawal motion is to obtain an evidentiary hearing at which the State bears the burden of producing evidence showing that, despite a defective plea colloquy, the defendant’s plea was nonetheless knowing and voluntary. State v.

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,

State v. Reinier A. Ravesteijn, 2006 WI App 250
For Ravesteijn: Rudolph L. Oldeschulte

Issue/Holding: Although kidnapping for ransom, § 940.31(2)(a), is susceptible to possible mitigation of penalty from 60 to 40 years if the victim is released without permanent physical injury, testimony from counsel at a postconviction hearing that the defendant was well aware of this possibility when he pleaded guilty dooms his claim that he was unaware of the potential penalty when he entered his guilty plea,

State v. James E. Brown, 2006 WI 100, reversing summary order
For Brown: Richard D. Martin, SPD, Milwaukee Appellate

Issue/Holding:

¶59      To earn a Bangert evidentiary hearing, a defendant must satisfy a second obligation. In addition to making a prima facie case that the circuit court erred in the plea colloquy, a defendant must allege he did not enter a knowing,

State v. Jarmal Nelson, 2005 WI App 113
For Nelson: Wm. J. Tyroler, SPD, Milwaukee Appellate

Issue/Holding: Given that the record established Nelson’s ignorance of the potential for commitment as a sexually violent person (ch. 980) as a result of his guilty pleas, the trial court’s conclusion that he presented a “fair and just” reason for pre-sentencing plea withdrawal is sustained:

¶14      In determining whether the trial court properly determined that a fair and just reason was established,

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,

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.