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On Point is a judicial analysis blog written by members of the Wisconsin State Public Defenders. It includes cases from the Wisconsin Court of Appeals, Supreme Court of Wisconsin, and the Supreme Court of the United States.
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§ 904.04 – Greater Latitude Rule in Sexual Assaults — Admissibility of Assault by One Child on Another Child 8 Years Before Charged Offense
State v. Randy Mcgowan, 2006 WI App 80 For Mcgowan: Dianne M. Erickson Issue/Holding: ¶20 We cannot conclude that the allegations are sufficiently factually similar to justify admission of Janis’s testimony as other acts evidence. Assuming the truthfulness of both Sasha and Janis for purposes of this analysis, we conclude that a single assault, by […]
Guilty Pleas – Required Knowledge — Deportation — Detainer Filed in Another Case
State v. Javier Bedolla, 2006 WI App 154, (AG’s) PFR filed 7/26/06 For Bedolla: Susan E. Alesia Issue: Whether the defendant failed to show likelihood of deportation, so as to entitle him to plea withdrawal under § 971.08(1)(c), where a detainer had already been filed against him in another case which would also subject him to deportation. […]
Guilty Pleas – Factual Basis – Use of Complaint, Generally
State v. Wayne A. Sutton, 2006 WI App 118, PFR filed 6/18/06 For Sutton: William E. Schmaal, SPD, Madison Appellate Issue/Holding: ¶16 Sutton next argues that the circuit court erred in accepting his plea on the charge of first-degree recklessly endangering safety because there was not a sufficient factual basis for that charge. When we review […]
Guilty Pleas – Factual Basis – Particular Instances: Obstructing (“Lawful Authority” of Police Officer)
State v. Anna Annina, 2006 WI App 202 For Annina: Robert R. Henak Issue/Holding: Although police entry into the defendant’s house was pursuant to a search warrant later declared to be invalid, the defendant’s acts in response to that entry amounted to disorderly conduct which did allow for an arrest under lawful police authority; defendant […]
Guilty Pleas – Factual Basis – Generally
State v. Steven A. Harvey, 2006 WI App 26 For Harvey: Christopher William Rose Issue/Holding: ¶10 … Before accepting a guilty plea the trial court must make such inquiry as satisfies it that the defendant in fact committed the crime charged. Wis. Stat. § 971.08(1)(b). The remedy for failure to establish a factual basis is […]
Binding Authority – Dicta
State v. Steven A. Harvey, 2006 WI App 26 For Harvey: Christopher William Rose Issue/Holding: ¶18 However, our rejection of the Committee’s definition of cunnilingus does not fully resolve this issue since, as we have observed, this definition met with at least tacit approval by the Childs court. However, we are not bound by theChilds case because it […]
Guilty Pleas – Factual Basis – Particular Examples: Reckless Endangering — Competing Inferences
State v. Wayne A. Sutton, 2006 WI App 118, PFR filed 6/18/06 For Sutton: William E. Schmaal, SPD, Madison Appellate Issue: Whether the guilty plea to first-degree reckless endangering, amended from battery, was supported by a factual basis. Holding: ¶21 At the plea hearing, the State presented the basis for the amended charge of first-degree reckless […]
Guilty Pleas – Factual Basis – Particular Instances: Causing Child Prostitution
State v. Lawrence Payette, 2008 WI App 106, PFR filed 6/30/08 For Payette: Robert R. Henak; Amelia L. Bizzaro Issue/Holding: Allegations in the complaint of repeated “dope dating” (giving a minor cocaine on multiple occasions in exchange for sex) established a factual basis for guilty plea to causing the child to practice prostitution within the […]
Guilty Pleas – Factual Basis – Particular Instances: Kidnapping
State v. Reinier A. Ravesteijn, 2006 WI App 250 For Ravesteijn: Rudolph L. Oldeschulte Issue/Holding: Kidnapping is mitigated from a Class B to Class C felony if the victim is released without permanent physical injury prior to the first witness’s testimony, ¶17. When accepting a guilty plea to Class B kidnapping the court must ascertain […]
Plea Bargains – Breach: By Defendant – Attack on Conviction Contrary to Terms of Agreement – Remedy: Dismissal of Appeal
State v. Lawrencia Ann Bembenek, 2006 WI App 198, PFR filed 10/3/06 For Bembenek: Joseph F. Owens, Mary L. Woehrer Issue/Holding: Bembenek breached her plea agreement (which contained a no-attack or appeal clause) by filing a motion for DNA testing to establish her innocence; the remedy for this breach is dismissal of her appeal of […]
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On Point provides information (not legal advice) about important developments in the law. Please note that this information may not be up to date. Viewing this blog does not create an attorney-client relationship with the Wisconsin State Public Defender. Readers should consult an attorney for their legal needs.