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3. Before sentencing

Review of court of appeals summary disposition (PDF here: MINERVA LOPEZ ORDER 3 8 13); case activity Issue (composed by On Point) Did the circuit court err in concluding that it should deny Lopez’s pre-sentencing plea withdrawal motion because plea withdrawal would substantially prejudice the state? This issue statement is based on the summary disposition issued… Read More

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State v. Dennis C. Strong, Jr., 2012AP1204-CR, District 3, 11/30/12 court of appeals decision (1-judge, ineligible for publication); case activity The trial court undertook an appropriate colloquy with Strong before allowing him to waive counsel and represent himself, leading to guilty pleas. The court thus rejects his claim that his pleas were premised on a… Read More

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State v. Travis J. Guttu, 2012AP129-CR, District 3/4, 11/28/12 court of appeals decision (not recommended for publication); case activity After entering guilty pleas to multiple counts, Guttu unsuccessfully sought presentencing plea-withdrawal. After sentencing, he sought to withdraw the pleas on different grounds, more particularly: counsel was ineffective for failing to assert Guttu’s lack of knowledge… Read More

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State v. Matthew J. Laughrin, 2011AP1600-CR, District 1, 6/12/12 court of appeals decision (not recommended for publication); case activity Laughrin, after pleading guilty to second-degree reckless homicide for providing a controlled substance (Suboxone) to someone who died after ingesting it, sought pre-sentencing plea-withdrawal on the basis of an expert’s report that Suboxone alone generally doesn’t cause death. The trial… Read More

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State v. Morris L. Harris, 2009AP2759-CR, District 1, 11/2/10 court of appeals decision (3-judge, not recommended for publication); for Harris: Gary Grass; BiC; Resp.; Reply Guilty Plea – Withdrawal – Presentence The trial court properly applied the “fair and just reason” standard to Harris’s presentencing motion to withdraw guilty plea, ¶¶5-9. The particular grounds asserted… Read More

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State v. John M. Anthony, 2009AP2171-CR, District 1, 10/13/10 court of appeals decision (3-judge, not recommended for publication); pro se; Resp. Br. Motion to withdraw Plea, Pre-Sentence Based on trial court findings that Anthony decision to plead no contest was based on his attorney’s informed assessment that he was likely to be found guilty if he… Read More

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State v. Eugene D. Rhodes, 2008 WI App 32, PFR filed 1/15/08 For Rhodes: Joseph E. Redding Issue/Holding: Counsel’s “forceful” advice that defendant enter a guilty plea wasn’t in and of itself a “fair and just” reason sufficient to require pre-sentencing grant of a motion to withdraw the plea: ¶11      Rhodes proffers his attorney’s “forceful… Read More

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State v. Barry M. Jenkins, 2007 WI 96, reversing 2006 WI App 28 For Jenkins: Melinda A. Swartz, SPD, Milwaukee Appellate Issue/Holding: ¶31      A “fair and just reason” has never been precisely defined. State v. Shimek, 230 Wis. 2d 730, 739, 601 N.W.2d 865 (Ct. App. 1999). Indeed, the fair and just reason standard “lack[s] any pretense of… Read More

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