On Point blog, page 21 of 21

Guilty Pleas – Entry of Plea by Defendant — Express, Personal Entry is “Preferred” but Unnecessary So Long As Intent to Enter Plea Is Only Inference Possible

State v. Darrin D. Burns, 226 Wis.2d 762, 594 N.W.2d 799 (1999), affirming unpublished decision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.

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Guilty Pleas – Required Knowledge — Collateral & Direct Consequences — Firearm Possession Prohibition

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.

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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,”

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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,

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