On Point

State ex rel Marvin Coleman v. McCaughtry, 2006 WI 49, reversing and remanding summary order of court of appeals, reconsideration denied, 2006 WI 121 For Coleman: Brian Kinstler Issue/Holding: ¶28      Prihoda, Sawyer, Lohr and Schafer all employ a three-element test where the first element is unreasonable delay in bringing the claim and the other two elements apply to the party asserting laches: lack of knowledge […]

State v. John W. Campbell, 2006 WI 99, on certification For Campbell: Charles B. Vetzner, SPD, Madison Appellate Issue/Holding: ¶37      For Campbell to be convicted of interfering with custody of Cody, the State had to prove five elements: (1) Cody was younger than 18 years; (2) Denise had legal custody of Cody under a court order […]

State v. John W. Campbell, 2006 WI 99, on certification For Campbell: Charles B. Vetzner, SPD, Madison Appellate Issue/Holding: To attack a custody order as void, in defense against interference with child custody, § 948.31, “the family court would have had to lack subject matter jurisdiction or personal jurisdiction, or Campbell would have had to receive inadequate […]

State v. James E. Brown, 2006 WI 100, reversing summary order For Brown: Richard D. Martin, SPD, Milwaukee Appellate Issue/Holding: ¶39      After sentencing, in cases that involve an alleged deficiency in the plea colloquy, an attempt to withdraw a guilty plea proceeds as follows. The defendant must file a postconviction motion under Wis. Stat. § 809.30 or other appropriate statute. […]

State v. Jeremy D. Russ, 2006 WI App 9 For Russ: Martha K. Askins, SPD, Madison Appellate Issue/Holding: A deaf defendant who had been shackled when he entered a guilty plea and was sentenced must show actual inability to communicate effectively in order to meet his burden of showing a violation of rights. Thus, even […]

State v. Steven A. Harvey, 2006 WI App 26 For Harvey: Christopher William Rose Issue/Holding: Defendant’s recalculation of his chance’s at trial after pleading guilty in an effort to maximize chances of avoiding or reducing prison term, uncoupled to any claim of confusion about the nature of the offense, was not a fair and just […]

State v. Barry M. Jenkins, 2006 WI App 28, overruled on other grounds, 2007 WI 96 For Jenkins: Melinda A. Swartz, SPD, Milwaukee Appellate Issue/Holding: ¶31      Our conclusion that Jenkins had a fair and just reason for plea withdrawal does not end our inquiry.  We must consider whether the State would be substantially prejudiced by […]

State v. Andrae D. Howell, 2006 WI App 182, PFR filed 9/25/06 (reconsideration of previously issued but subsequently withdrawn opinion) For Howell: Ellen Henak, SPD, Milwaukee Appellate Issue/Holding1: A conclusory allegation suffices to obtain a hearing on a Bangert claim (involving a defect in the plea colloquy), ¶14; however, more is required for a non-Bangert claim, ¶¶21-29. Nor is there, for […]

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. Donnell Basley, 2006 WI App 253 For Basley: Randall E. Paulson, SPD, Milwaukee Appellate Issue/Holding1: The postconviction court erroneously denied without evidentiary hearing Basley’s motion for plea-withdrawal (on Nelson/Bentley rather than Bangert grounds): ¶8        Accompanying Basley’s motion is an affidavit from his postconviction counsel averring that the motion “summarizes … Basley’s expected testimony.” Counsel also acknowledges in the […]