On Point: A. Type pf PCM

State v. Donald Mentzel, 218 Wis. 2d 734, 581 N.W.2d 581 (Ct. App. 1998)
For Mentzel: Raymond M. Dall’Osto

Issue/Holding:

We agree with the logic of Napoles. For purposes of § 974.06, Stats., the reality of a probationary status is that it results directly from the trial court’s consideration of dispositional alternatives at a sentencing hearing. Subject to any other bars, we conclude that all defendants on probation have standing to pursue postconviction relief under § 974.06.

State v. Robert J. Nichelson, 220 Wis. 2d 214, 582 N.W.2d 460 (Ct. App. 1998)
For Nichelson: Paul M. Moldenhauer

Issue/Holding: fn. 8:

The State’s right to question a defendant’s attorney when the defendant alleges that the attorney failed to properly inform him or her before entering a plea is established in State v. Van Camp, 213 Wis.2d 131, 145, 569 N.W.2d 577,

State v. Robert J. Nichelson, 220 Wis. 2d 214, 582 N.W.2d 460 (Ct. App. 1998)
For Nichelson: Paul M. Moldenhauer

Issue/Holding:

It therefore appears to be an issue of first impression in Wisconsin whether a court can accept a negative inference to establish proof by clear and convincing evidence. Under the beyond a reasonable doubt standard, a negative inference is sufficient only if there is independent support in the evidence.

State v. Robert J. Nichelson, 220 Wis. 2d 214, 582 N.W.2d 460 (Ct. App. 1998)
For Nichelson: Paul M. Moldenhauer

Issue/Holding:

The State concedes that the discussion between Willett and Nichelson did not include a “complete catalogue of the elements of the offense.” It also appears to concede that, “examined in a vacuum, the above colloquy [between Willett and Nichelson] would not satisfy the [constitutional] requirements.”