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6. Judicial participation in

State v. Lavonte M. Price, 2014AP1189-CR, District 1, 2/13/15 (not recommended for publication); click here for briefs This decision examines the line between a trial court’s active participation in the plea negotiation process, which Wisconsin law prohibits, and trial court’s comments, suggestions and lectures, which are permitted under Wisconsin law.  What the trial court did here… Read More

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United States. v. Anthony Davila, USSC No. 12-167, 6/13/13 United States Supreme Court decision, reversing United States v. Davila, 664 F.3d 1355 (11th Cir. 2011) (per curiam) Rule 11(c)(1) of the Federal Rules of Criminal Procedure provides that parties may discuss and reach a plea agreement, but that the court “must not participate in these discussions.” In… Read More

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State v. Miguel E. Marinez, Jr., 2008 WI App 105, (AG’s) PFR filed 7/15/08; prior history: certification, denied 4/3/08 For Marinez: Eileen A. Hirsch, SPD, Madison Appellate Issue/Holding: ¶1        At issue here is whether a trial judge is prohibited from informing a defendant that the judge intends to exceed a sentencing recommendation in a plea agreement… Read More

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Plea Agreements — Judicial Participation

State v. Antoine T. Hunter, 2005 WI App 5 For Hunter: James R. Lucius Issue: Whether the trial court’s observation to defendant, following denial of an assertedly “dispositive” suppression motion, that acquittal was “unlikely,” but that “coming forward and admitting your guilt” would provide “the opportunity to get some credit,” amounted to judicial participation in… Read More

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State v. Corey D. Williams, 2003 WI App 116 For Williams: Michael J. Edmonds Issue/Holding: ¶1.… We conclude that judicial participation in the bargaining process that precedes a defendant’s plea raises a conclusive presumption that the plea was involuntary. Therefore, we adopt a bright-line rule barring any form of judicial participation in plea negotiations before… Read More

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State v. Adrian L. Williams, 2000 WI 78, 236 Wis. 2d 293, 613 N.W.2d 132, affirming unpublished decision of court of appeals For Williams: Ellen Henak, SPD, Milwaukee Appellate Issue: Whether “this court [should] adopt a new rule of procedure, which would require that if a trial judge anticipates exceeding the state’s sentence recommendation under… Read More

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