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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-Withdrawal, Post-sentence – Procedure – Remedy, No Showing Defendant Understood All Elements
State v. Everardo A. Lopez, 2001 WI App 265 For Lopez: Margaret A. Maroney, SPD, Madison Appellate Issue: Whether plea withdrawal is the appropriate remedy where the record contains no evidence that Lopez understood all elements of the offense Holding: ¶22. The proper remedy upon determining that the State failed to establish that Lopez understood the […]
Plea-Withdrawal, Post-sentence — Procedure — Burden of Proof: Spanish-speaking Defendant, Untranslated Questionnaire
State v. Everardo A. Lopez, 2001 WI App 265 For Lopez: Margaret A. Maroney, SPD, Madison Appellate Issue: Whether Lopez made a prima facie showing that the plea colloquy was inadequate. Holding: The Spanish-speaking Lopez had problems, acknowledged by the trial court, communicating with his interpreter and necessitating a continuance of the plea hearing. At neither the […]
Intrastate Detainer Act, § 971.11 — Violation of Right to Speedy Disposition — Discretion to Dismiss with Prejudice as Remedy
State v. Christopher Lee Davis, 2001 WI 136, reversing 2001 WI App 61 For Davis: Jane Krueger Smith Issue1: Whether a circuit has discretion to dismiss a case with prejudice under § 971.11(7), for failure of the state to bring it on for trial within the 120-day period set by § 971.11(2). Holding: ¶14. We […]
Extradition – Waiver of IAD Violation
State v. Mohammed A. Nonahal, 2001 WI App 39 For Nonahal: David R. Karpe Issue: Whether the defendant waived a claimed violation of the Interstate Agreement on Detainers’ anti-shuttling provision, by requesting to be sent back to the sending jurisdiction before trial. Holding: ¶8; … we conclude that rights granted under the anti-shuttling provision of […]
Guilty Plea Waiver Rule – Issues Waived — Ex Post Facto Challenge<
State v. Alfredo Ramirez, 2001 WI App 158, PFR filed 7/11/01 For Ramirez: Elizabeth A. Cavendish-Sosinski Issue: Whether Ramirez’s guilty plea waived an ex post facto challenge to the charged offense. Holding: ¶4 n. 4: We could invoke the guilty plea/waiver rule against Ramirez since he pled guilty to the charge after the trial court […]
Self-Defense – “McMorris” Acts of Prior Violence by Victim – Procedure on Determining Admisssibility
State v. Juan M. Navarro, 2001 WI App 225 For Navarro: Joseph M. Moore, SPD Trial, Juneau Issue: Whether the trial court is required to conduct an in camera inspection of confidential records of the complaining witness, a correctional officer, relating to his possible abusive treatment of inmates, in a battery-by-prisoner trial where the defendant alleges […]
Rights Waived – Self-Incrimination – Retention of Privilege – NGI Phase
State v. James G. Langenbach, 2001 WI App 222 For Langenbach: Patrick M. Donnelly, SPD, Madison Appellate Issue: Whether the state may call a defendant to testify, as an adverse witness, at Phase II of an NGI trial, following Phase I guilty plea. Holding: A guilty plea doesn’t necessarily result in loss of fifth amendment […]
Plea Bargains — Breach: By Prosecutor — Recommendation of Consecutive Terms Where Agreements Required Recommendation of Concurrent Terms
State v. Michael F. Howard, 2001 WI App 137, 630 N.W.2d 244 Issue: Whether the prosecutor breached a plea bargain calling for a maximum recommendation on multiple counts of concurrent terms of 25 years in prison, when the actual recommendation was for a total of 25 years but included consecutive terms. Holding: ¶18 Undoubtedly, one […]
Plea Bargains — Breach: By Prosecutor — “End-run” of Allocution Restrictions
State v. Dalvell Richardson, 2001 WI App 152 For Richardson: Richard D. Martin, SPD, Milwaukee Appellate Issue: Whether the prosecutor breached a plea agreement “to leave the length of the incarceration entirely up to the Court, [without] any specific numerical type of recommendation” with allocution that clearly implied a request for a lengthy term. Holding: […]
Plea Bargains — Breach: Procedural Issues — Remedy
State v. Michael F. Howard, 2001 WI App 137, 630 N.W.2d 244 Issue: Whether the remedy for a plea bargain breach should be to vacate the plea or to resentence on the plea. Holding: ¶36 Our reading of Bangert and Smith leads us to conclude that the remedies and procedures outlined in Santobello are consistent […]
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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.