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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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Plea Agreements – Deferred Prosecution Agreement (§ 971.39) — Procedural Requirements
State v. Rex E. Wollenberg, 2004 WI App 20, PFR filed 1/8/04 For Wollenberg: Susan E. Alesia, SPD, Madison Appellate Issue/Holding: ¶14. Wollenberg cites State v. Jankowski, 173 Wis. 2d 522, 528, 496 N.W.2d 215 (Ct. App. 1992), to support his claim that he cannot be convicted on the basis of a legal nullity. Jankowski, […]
Plea Agreements – Deferred Entry of Judgment, Contrasted with Deferred Prosecution Agreement (§ 971.39)
State v. Rex E. Wollenberg, 2004 WI App 20, PFR filed 1/8/04 For Wollenberg: Susan E. Alesia, SPD, Madison Appellate Issue: Whether Wollenberg is entitled to withdraw his plea because the procedure for a deferred prosecution agreement (DPA), § 971.39, wasn’t followed. Holding: ¶6. Wollenberg presents no evidence, other than his own arguments, that there […]
Particular Examples of Misconduct, § 904.04(2) – “Reverse” Misconduct – Admissibility Test of “Other Acts” of Another
State v. Richard G. White, 2004 WI App 78, (AG’s) PFR filed 4/1/04 For White: James A. Rebholz Issue/Holding (General Standards): ¶14. There are three hurdles that evidence of a person’s other acts must clear: (1) the evidence must be “relevant,” Wis. Stat. Rules 904.01 & 904.02; (2) the evidence must not be excluded by Wis. Stat. Rule […]
Plea Bargains — Breach: By Prosecutor — Negative Allocution
State v. Victor Naydihor, 2004 WI 43, affirming 2002 WI App 272, 258 Wis. 2d 746, 654 N.W.2d 479 For Naydihor: Philip J. Brehm Issue: Whether the State’s allocution amounted to an end-run violation of its obligation to recommend probation at sentencing by stressing Naydihor’s “lengthy history of polysubstance abuse,” his presentation of danger to […]
Plea Bargains — Breach: By Prosecutor — Negative Allocution
State v. Brian W. Sprang, 2004 WI App 121 For Sprang: Jefren E. Olsen, SPD, Madison Appellate Issue: Whether the prosecutor breached the plea agreement, which called for recommendation of probation but left a free hand to argue terms and conditions, by expressly referring to the possibility of treatment in a prison setting and by […]
Plea Bargains — Breach: By Prosecutor — Negative Allocution
State v. Jesse Liukonen, 2004 WI App 157 For Liukonen: Russell L. Hanson Issue:Whether the State breached the plea agreement to cap its sentencing recommendation at a total of 17 years’ incarceration, by asserting: “the more I looked at this case, the more I heard from the victims, the more I argue today, I realize […]
Guilty Pleas – Plea Bargains – Breach: By Prosecutor – End-Run (“Negative Allocution”)
State v. Rudolph L. Jackson, 2004 WI App 132, PFR filed 6/15/04 For Jackson: Andrea Cornwall, SPD, Milwaukee Appellate Issue: Whether the prosecutor violated an agreement not to make a specific sentencing recommendation by expressing outrage at recommendations proffered on Jackson’s behalf and by urging the court to take into account the deterrent effect of […]
Binding Authority — Retroactivity of New Decision — “New” Rule of Law
State v. Olayinka Kazeem Lagundoye, 2004 WI 4, affirming 2003 WI App 63, 260 Wis. 2d 805, 659 N.W.2d 501 For Lagundoye: Geoffrey Y. Muwonge Issue/Holding: ¶26. Likewise, it is clear that under Wisconsin’s formulation of the Teague doctrine, the rule we announced in Douangmala was “new.” “‘[A] case announces a new rule if the result was not dictated by precedent […]
Guilty Pleas – Required Knowledge – Deportation – Retroactivity of Douangmala
State v. Olayinka Kazeem Lagundoye, 2004 WI 4, affirming 2003 WI App 63 For Lagundoye: Geoffrey Y. Muwonge Issue/Holding: Holding of State v. Sisakhone S. Douangmala , 2002 WI 62 (non-citizen’s guilty plea invalid if colloquy omits deportation consequences, regardless of whether defendant in fact knows those consequences) does not apply retroactively to defendants who have already exhausted their […]
Guilty Pleas – Required Knowledge — Plea Bargain not Binding
State v. Corey J. Hampton, 2004 WI 107, affirming 2002 WI App 293, 259 Wis. 2d. 455, 655 N.W.2d 131 For Hampton: Melinda A. Swartz, SPD, Milwaukee Appellate Issue1: Whether the trial court must advise a guilty plea defendant personally on the record that the court isn’t bound by a plea agreement, and ascertain whether the defendant understands […]
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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.