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6. Plea questionnaire

State v. Javien Cajujuan Pegeese, 2017AP741-CR, petition for review of a per curiam opinion granted 1/15/19; case activity (including briefs) Issue: Whether the circuit court’s failure to personally insure that the defendant understood each constitutional right waived by his guilty plea entitled him to a Bangert evidentiary hearing to determine whether his plea was knowing… Read More

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State v. Stephen Robert Felix Schurk, 2012AP1501-CR, District 1, 3/5/13; court of appeals decision (1 judge; ineligible for publication); case activity Schurk was not entitled to plea withdrawal even though the judge did not specifically inform Schurk that he was not bound by the parties’ plea agreement because the information was conveyed to Schurk in… Read More

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State v. Christopher S. Hoppe, 2009 WI 41, affirming 2008 WI App 89 For Hoppe: Martha K. Askins, SPD, Madison Appellate Issue/Holding: A court may incorporate a plea questionnaire form into the guilty plea colloquy, but only up to a point:  ¶32     The Plea Questionnaire/Waiver of Rights Form provides a defendant and counsel the opportunity to review together… Read More

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State v. Christopher S. Hoppe, 2009 WI 41, affirming 2008 WI App 89 For Hoppe: Martha K. Askins, SPD, Madison Appellate Issue/Holding: A court may incorporate a plea questionnaire form into the guilty plea colloquy, but only up to a point:  ¶32     The Plea Questionnaire/Waiver of Rights Form provides a defendant and counsel the opportunity… Read More

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State v. Christopher S. Hoppe, 2008 WI App 89 For Hoppe: Martha K. Askins, SPD, Madison Appellate Issue: Whether a plea colloquy that merely established that the defendant was “satisfied” he understood “everything in the questionnaire and waiver of rights and the elements of the charges” sufficed under State v. Bangert, 131 Wis.  2d 246, 389 N.W.2d 12… Read More

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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… Read More

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