On Point: B. Procedure and colloquy

7th circuit court of appeals decision (en banc)

Second Amendment – Categorical Ban on Possession

Categorical legislative bans on gun possession are permissible under the second amendment, including those for convictions of misdemeanor crimes of domestic violence per 18 U.S.C. § 922(g)(9), which the court now upholds.

District of Columbia v. Heller, 128 S. Ct. 2783 (2008) and McDonald v. Chicago,

State v. Travis Vondell Cross, 2010 WI 70, on bypass; for Cross: William E. Schmaal, SPD, Madison Appellate; BiC; Resp.; Reply; Cross Supp.; AG Supp.

¶4 We hold that where a defendant is told that he faces a maximum possible sentence that is higher, but not substantially higher, than that authorized by law,

State v. Hou Erik Vang, 2010 WI App 118; for Vang: John L. Sesini; BiC; Resp.; Reply

¶1        Hou Vang appeals an order denying his motion to withdraw his no contest pleas to second-degree sexual assault of a child and felony bail jumping. Vang argues WIS. STAT. §§ 971.08(1)(c), (2)[1] entitle him to withdraw his pleas because, although the circuit court provided the statutory deportation warning at his arraignment,

Padilla v. Kentucky, USSC No. 08-651, 3/31/10

In sum, we have long recognized that the negotiation of a plea bargain is a critical phase of litigation for purposes of the Sixth Amendment right to effective assistance of counsel. Hill , 474 U. S., at 57; see also Richardson , 397 U. S., at 770–771. The severity of deportation—“the equivalent of banishment or exile,” Delgadillo v.

court of appeals decision (3-judge; not recommended for publication)

Guilty Plea – Hearing on Motion to Withdraw
Ruby satisfied burden of production, therefore was entitled to postconviction hearing, on plea-withdrawal due to ignorance of elements and/or maximum penalty.

State v. Christopher S. Hoppe, 2009 WI 41, affirming 2008 WI App 89
For Hoppe: Martha K. Askins, SPD, Madison Appellate

Issue/Holding: A court may incorporate a plea questionnaire form into the guilty plea colloquy, but only up to a point:

 ¶32     The Plea Questionnaire/Waiver of Rights Form provides a defendant and counsel the opportunity to review together a written statement of the information a defendant should know before entering a guilty plea.

State v. Christopher S. Hoppe, 2009 WI 41, affirming 2008 WI App 89
For Hoppe: Martha K. Askins, SPD, Madison Appellate

Issue/Holding: A court may incorporate a plea questionnaire form into the guilty plea colloquy, but only up to a point:

 ¶32     The Plea Questionnaire/Waiver of Rights Form provides a defendant and counsel the opportunity to review together a written statement of the information a defendant should know before entering a guilty plea.

State v. Joseph E. Koll, Jr., 2009 WI App 74, PFR filed 4/29/09
For Koll: Alexander L. Ullenberg

Issue: Whether Koll’s conviction of so-called “non-domestic” disorderly conduct was for a misdemeanor crime of domestic violence as defined 18 U.S.C. §921(a)(33)(A), so as to preclude him from obtaining a handgun.

Holding: The federal Gun Control Act bars gun possession to anyone convicted of a “misdemeanor crime of domestic violence,” 18 U.S.C.

State v. David G. Straszkowski, 2008 WI 65, affirming summary order
For Straszkowski Philip J. Brehm

Issue: Whether, for a guilty plea to be “knowing and intelligent,” the defendant must be aware that a read-in is deemed an admission for sentencing purposes.

Holding:

¶3   We conclude that the record clearly demonstrates that neither the State, nor trial defense counsel, nor the circuit court referred to the read-in charges as admitted or deemed admitted for sentencing purposes or for any other purpose. 

State v. David G. Straszkowski, 2008 WI 65, affirming summary order
For Straszkowski Philip J. Brehm

Issue: Whether a guilty plea colloquy must include an explicit warning that the defendant’s agreement to read in a dismissed charge will be deemed an admission of that charge for sentencing purposes.

Holding:

¶5   Although the case law on read-in charges is neither consistent nor clear,