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b. Elements

State v. Andrae D. Howell, 2007 WI 75, reversing 2006 WI App 182 For Howell: Ellen Henak, SPD, Milwaukee Appellate Issue/Holding: The defendant’s understanding of the charge must be detailed, in anon-perfunctory manner, on the record of the guilty plea: ¶52      The circuit court did not establish Howell’s understanding of the information it relayed to Howell by… Read More

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State v. Andrae D. Howell, 2007 WI 75, reversing 2006 WI App 182 For Howell: Ellen Henak, SPD, Milwaukee Appellate Issue/Holding: The court must address the defendant personally and establish his or her understanding of the nature of the charge, and if ptac liability is alleged then that theory must be included in the plea colloquy, ¶¶36-37… Read More

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State v. James E. Brown, 2006 WI 100, reversing summary order For Brown: Richard D. Martin, SPD, Milwaukee Appellate Issue/Holding: ¶59      To earn a Bangert evidentiary hearing, a defendant must satisfy a second obligation. In addition to making a prima facie case that the circuit court erred in the plea colloquy, a defendant must allege he did not enter… Read More

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State v. Monika S. Lackershire, 2005 WI App 265, reversed, 2007 WI 74 For Lackershire: Steven P. Weiss, SPD, Madison Appellate Issue: Whether Lackershire, an adult female convicted of sexual assault (intercourse) of a child, established a prima facie case for plea-withdrawal due to lack of adequate understanding of the elements. Holding: ¶8        Initially, we note that in… Read More

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State v. John A. Jipson, 2003 WI App 222 For Jipson: Martha K. Askins, SPD, Madison Appellate Issue/Holding: On a charge of 2nd-degree sexual assault, § 948.02(2), the guilty plea court must ascertain the defendant’s knowledge of the element of intent, namely that the defendant had sexual contact for the purpose of sexual degradation, humiliation, arousal… Read More

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State v. Richard A. Lange, 2003 WI App 2 For Lange: Daniel F. Snyder Issue/Holding: Where the plea form made reference to an “attached sheet” which was not in fact attached, and the trial court did not go over the elements with the defendant, “the record is barren as to any explanation or detailing to Lange… Read More

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State v. John T. Trochinski, 2002 WI 56, affirming unpublished decision For Trochinski: James L. Fullin, SPD, Madison Appellate Issue: Whether the defendant met his burden of showing a prima facie case that he didn’t understand an element of the offense to which he pleaded guilty. Holding: ¶22. Wisconsin’s courts have been relying on Bangert since it was written in… Read More

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State v. Earl Steele, 2001 WI App 34, 241 Wis. 2d 269, 625 N.W.2d 595 For Steele: Timothy J. Gaskell Issue: Whether the colloquy on a guilty plea to burglary/intent-to-commit-felony must apprise the defendant of the specific felony. Holding: ¶8                        The trial court chose to summarize WIS. STAT. § 943.10 during colloquy, in combination with questioning defense counsel.  Steele contends that… Read More

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