On Point: B. Procedure and colloquy

State v. George R. Bollig, 2000 WI 6, 232 Wis. 2d 561, 605 N.W.2d 199, affirming State v. Bollig, 224 Wis.2d 621, 593 N.W.2d 67 (Ct. App. 1999)
For Bollig: Thomas E. Knothe, Collins, Quillin & Knothe, Ltd.

Issue: Whether a guilty plea colloquy involving a crime that would require sex offender registration under Wis. Stat. § 301.45 must inform the defendant of that requirement for the plea to be voluntary.

State v. Stuart D. Yates, 2000 WI App 224, 239 Wis.2d 17, 619 N.W.2d 132
For Yates: Martha K. Askins, SPD, Madison Appellate

Issue: Whether the presumptive MR date of § 302.11(1g)(am) 1997-98 is a direct or collateral consequence of a guilty plea.

Holding: A court is required to advise a defendant only of direct consequences — which have definite, immediate, and largely automatic impact on range of punishment —

State v. Michael Brandt, 226 Wis.2d 610, 594 N.W.2d 759 (1999), affirming State v. Brandt, 220 Wis.2d 121, 582 N.W.2d 433 (Ct. App. 1998)
For Brandt: Michael J. Fitzgerald & Dean A. Strang.

Holding:

¶24 Where, as here, a circuit court ignores the plea questionnaire in its colloquy concerning the elements of the crimes, the adequacy of that colloquy rises or falls on the circuit court’s discussion at the plea hearing.

State v. Harold Merryfield, 229 Wis.2d 52, 598 N.W.2d 251 (Ct. App. 1999)
For Merryfield: Edward J. Hunt

Holding: Merryfield was originally charged with one felony and one misdemeanor. Pursuant to a plea bargain, he pleaded guilty to the misdemeanor, and the state agreed to drop the felony (but critically, as it turns out, didn’t formally move to dismiss; nor did the trial court formally dismiss it). The case was adjourned for sentencing,

State v. Charles Dante Higgs, 230 Wis.2d 1, 601 N.W.2d 653 (Ct. App. 1999)
For Higgs: Joseph E. Redding

Issue: Whether a sufficient factual basis was established on the element of bodily harm (where the defendant splashed the victim’s face with urine) to support a guilty plea to battery.

Holding: The mere fact that urine struck the victim’s face isn’t enough to establish bodily harm, but the victim’s preliminary hearing testimony that he felt stinging and burning satisfied the element.

State v. Darrin D. Burns, 226 Wis.2d 762, 594 N.W.2d 799 (1999), affirming unpublished decision
For Burns: Glenn L. Cushing, SPD, Madison Appellate

Issue/Holding:

¶3 We affirm the judgment of conviction in this case, even though the defendant did not expressly and personally articulate a plea of no contest on the record in open court, because the only inference possible from the totality of the facts and circumstances in the record is that the defendant intended to plead no contest.

State v. Frank J. Kosina, 226 Wis.2d 482, 595 N.W.2d 464 (Ct. App. 1999)
For Kosina: Daniel F. Snyder

Holding: Guilty plea defendant need not be advised of permanent prohibition on firearms possession flowing from 18 USCA §§ 921 & 921, for conviction “of a misdemeanor crime of domestic violence” because it is a collateral consequence of the 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: “(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,”

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,