State v. David W. Oakley, 2001 WI 103, 629 N.W.2d 308, reconsideration denied, 2001 WI 123, affirming unpublished decision of court of appeals For Oakley: Timothy T. Kay Issue: Whether a claim of plea bargain error was waived by a subsequent renegotiation of the plea bargain and entry of no contest plea on that new agreement… Read more
A. Plea agreements
State v. Michael F. Howard, 2001 WI App 137, 630 N.W.2d 244 Issue: Whether the prosecutor breached a plea bargain calling for a maximum recommendation on multiple counts of concurrent terms of 25 years in prison, when the actual recommendation was for a total of 25 years but included consecutive terms. Holding: ¶18 Undoubtedly, one… Read more
State v. Dalvell Richardson, 2001 WI App 152 For Richardson: Richard D. Martin, SPD, Milwaukee Appellate Issue: Whether the prosecutor breached a plea agreement “to leave the length of the incarceration entirely up to the Court, [without] any specific numerical type of recommendation” with allocution that clearly implied a request for a lengthy term. Holding… Read more
State v. Michael F. Howard, 2001 WI App 137, 630 N.W.2d 244 Issue: Whether the remedy for a plea bargain breach should be to vacate the plea or to resentence on the plea. Holding: ¶36 Our reading of Bangert and Smith leads us to conclude that the remedies and procedures outlined in Santobello are consistent… Read more
State v. Michael F. Howard, 2001 WI App 137 Issue/Holding: Failure to object to plea bargain breach waives the issue, leaving ineffective assistance of counsel the only mechanism for raising it. ¶21. Also see, State v. Harold Merryfield, 229 Wis.2d 52, 598 N.W.2d 251 (Ct. App. 1999) (asserted plea bargain violation held waived, under State… Read more
State v. Brady T. Terrill, 2001 WI App 70, 242 Wis. 2d 415, 625 N.W.2d 353 For Terrill: Eileen Hirsch, SPD, Madison Appellate. Issue: Whether the trial court properly reconsidered a deferred-acceptance agreement (which would have allowed the defendant to avoid conviction upon successful completion of supervision), entering judgement of conviction after deeming the offense… Read more
State v. John D. Williams, 2001 WI App 7, 241 Wis. 2d 1, 624 N.W.2d 164, affirmed without discussing this issue, 2002 WI 1 For Williams: John A. Pray Issue: Whether the defendant properly preserved objection to a prosecutorial breach of plea bargain. Holding: ¶13: (T)he trial court recognized it as an objection and initially… Read more
State v. Anthony A. Parker, 2001 WI App 111 Issue: Whether transfer to an out-of-state prison breached the plea bargain. Holding: ¶7 … (I)n order to prevail on a claim of breach of a plea agreement, Parker cannot rely on whatever his ‘reasonable expectations’ might have been at sentencing. Instead, he must show the violation… Read more
