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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 Bargains – Validity: Reopen and Amend to Less Serious Offense if Restitution Made Before Sentencing
State v. Peter R. Cash, 2004 WI App 63 For Cash: Lynn M. Bureta Issue: Whether a plea agreement, which provided that if Cash returned stolen goods prior to sentencing the State would request that the judgment be reopened and amended from burglary to Class E felony theft, was invalid and the guilty plea therefore […]
Plea Bargains — Validity: Remedy for Invalid Plea Bargain
State v. Anthony L. Dawson, 2004 WI App 173 For Dawson: William E. Schmaal, SPD, Madison Appellate Issue/Holding: ¶25. In sum, the State has not presented us with a valid rationale for upholding the denial of Dawson’s plea withdrawal motion. Dawson has established that his plea was not knowing and voluntary because it was induced […]
Plea Bargains — Validity: Reopen and Amend to Less Serious Offense Upon Successful Completion of Probation
State v. Anthony L. Dawson, 2004 WI App 173 For Dawson: William E. Schmaal, SPD, Madison Appellate Issue: Whether a plea bargain under which the State agrees to subsequently reopen the case and amend it to a lesser charge is legally unenforceable and, thus, renders the plea unknowing and involuntary. Holding: A reopen-and-amend provision in […]
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 […]
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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.