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9. Guilty plea waiver rule

State v. Jacob Richard Beyer, court of appeals certification granted 11-18-20, 2019AP1983; case activity (including briefs) Issue presented (from the certification): [W]hether the guilty-plea waiver rule applies when a defendant pleads not guilty to an offense, but stipulates to the inculpatory facts supporting each element of the offense, and explicitly agrees to a finding of guilt… Read more

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State v. Jacob Richard Beyer, 2019AP1983, 9/24/20, District 4; case activity (including briefs); certification granted 11/18/20 Wisconsin courts apply a robust guilty-plea waiver rule: in general, a plea will block a defendant from appealing any issue litigated before the plea. There is one important statutory exception: Wis. Stat. § 971.31(10) entitles a defendant to appeal… Read more

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State v. Daniel W. Morse, 2018AP1293-CR, District 1, 3/19/19 (one-judge decision; ineligible for publication); case activity (including briefs) Morse challenges his convictions for three counts of misdemeanor theft by embezzlement, but the court of appeals holds he’s waived his challenges by pleading guilty. Morse, a lawyer, was the personal representative of an estate, and used… Read more

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State v. Tracy E. McCarthy, 2018AP484, District 2, 2/6/19 (one-judge decision; ineligible for publication); case activity (including briefs) McCarthy’s pro se appeal in his disorderly conduct case fails on multiple grounds. His brief doesn’t cite to the record and the record doesn’t include any transcripts. He doesn’t develop any legal arguments in support of his claims… Read more

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Rodney Class v. United States, USSC No. 16-424, 2018 WL 987347 (February 21, 2018), reversing United States v. Class, (unreported) (D.C. Cir. 2016); Scotusblog page (inlcuding links to briefs and commentary) “The question [in this case] is whether a guilty plea by itself bars a federal criminal defendant from challenging the constitutionality of the statute of conviction… Read more

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State v. Marcos Rosas Villegas, 2018 WI App 9; case activity (including briefs) This opinion resolves 2 issues worthy of publication and has already generated a petition for review (from an earlier version of the opinion, which was withdrawn and has now been replaced).  According to the court of appeals, an attorney does not perform deficiently… Read more

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City of Appleton v. Jacob Anthony Vandenberg, 2015AP2649, District 3, 11/8/16 (one-judge decision; ineligible for publication); case activity (including briefs) Because he entered a plea to OWI, first offense, Vandenberg forfeited his arguments that police lacked reasonable suspicion to stop him for operating while intoxicated or hit-and-run under § 346.69, and the court of appeals declines… Read more

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Review of an unpublished per curiam court of appeals decision; case activity (including briefs); petition for review Issues (composed by On Point) (1)  Was Steinhardt’s right to be free from double jeopardy violated when she was convicted of both party to the crime of First Degree Child Sexual Assault in violation of § 948.02(1)(e) and Failure… Read more

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