Follow Us

Facebooktwitterrss
≡ Menu

A. Plea agreements

State v. Robert K. Nietzold, Sr., 2021AP21-CR, petition for review of an unpublished court of appeals decision granted 4/13/22; case activity (including briefs and PFR) Issue presented (composed by On Point based on the state’s PFR) Was the state’s breach of its plea agreement with Nietzold remedied by the prosecutor’s withdrawal of the erroneous recommendation… Read more

{ 0 comments }

State v. Nietzold, 2021AP21-CR, 12/9/21, District 4 (not recommended for publication), petition for review granted 4/13/22; case activity (including briefs) The State admits that it made a sentencing recommendation that breached the parties’ plea agreement. It claimed that the breach was not “material and substantial” because after the defendant objected it withdrew the recommendation. The… Read more

{ 1 comment }

State v. Kevin L. Nash, 2020 WI 85, 11/19/20, affirming a per curiam court of appeals decision; case activity (including briefs) Before accepting a plea entered under North Carolina v. Alford, 400 U.S. 25 (1970), a circuit court must determine whether there is “strong proof of guilt” sufficient to “substantially negate” the defendant’s claims of… Read more

{ 0 comments }

State v. Desmond Myers LaPean, 2019AP1448, 7/14/20, District 3 (not recommended for publication); case activity (including briefs) LaPean pleaded to a sexual assault of a child with an agreement that the state would cap its recommendation at 10 years of initial confinement and 10 of extended supervision. But at sentencing, the state first recommended 12… Read more

{ 0 comments }

State v. Kevin L. Nash, 2018AP731-CR, petition for review of a per curiam opinion granted 12/10/19, case activity (including briefs) Issue presented: When accepting a guilty plea under Alford v. North Carolina, 400 U.S. 25 (1970), a circuit court may find there is a factual basis for the plea only if there is “strong proof… Read more

{ 0 comments }

State v. Amy Joan Zahurones, 2019 WI App 57; case activity (including briefs) Zahurones was charged with several drug-related counts along with resisting an officer and physical abuse of a child. All the counts arose out of a single encounter with the police. She ultimately pleaded to four counts. On three of those counts she… Read more

{ 0 comments }

Garza v. Idaho, USSC No. 17-1026, reversing Garza v. State, 405 P.3d 576 (Idaho 2017);  Scotusblog page (includes links to briefs and commentary) This case involved two plea agreements that included clauses stating that Garza waived his right to appeal. After sentencing, Garza told his lawyer that he wanted to appeal, but his lawyer refused… Read more

{ 0 comments }

State v. Pierre Deshawn Johnson, 2018AP595-CR, 2/12/19, District 1 (not recommended for publication); case activity (including briefs) Johnson pled to operating a vehicle with a suspended license and injury by operating under the influence of a controlled substance. His lead issue–whether the victim’s failure to wear a seatbelt was a significant intervening factor that diminished… Read more

{ 0 comments }