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Guilty Pleas – Post-Sentencing Plea Withdrawal: Grounds — Coercion: Defendant’s Pregnancy

State v. Monika S. Lackershire, 2007 WI 74, affirming (this holding of) 2005 WI App 265
For Lackershire: Steven P. Weiss, SPD, Madison Appellate


¶62      Finally, we consider Lackershire’s argument that her plea was involuntary because she feared that the stress of trial would affect her pregnancy. …

¶64      Lackershire has raised no plausible argument that her plea was legally coerced. She does not contend that she asked the circuit court to postpone her trial date and was refused. Although she asserts that the district attorney told her that postponement “was not an option,” she does not claim that the district attorney implied that the plea agreement was contingent upon Lackershire not seeking such a postponement. Thus, neither the court nor the prosecutor denied her a fair or reasonable alternative to choose from such that her choice was coerced.

¶65      Rather, we determine that because the decision whether to seek a postponement was within her control, the choice between pleading guilty and going to trial on the scheduled date was self-imposed. Accordingly, we conclude that her concern about the stress of a trial does not vitiate the voluntary nature of her plea.


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