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Plea-Withdrawal – Pre-sentence: Counsel’s Alleged Failure to Investigate Alibi

State v. Jonathan L. Franklin, 228 Wis.2d 408, 596 N.W.2d 855 (Ct. App. 1999)
For Franklin: Archie E. Simonson.

Holding: Franklin’s effort to withdraw his guilty plea, based on a claim that his attorney failed to investigate an alibi, is rebuffed. His attorney testified at a plea-withdrawal hearing that Franklin had already admitted that the alibi was false, and that the attorney had told Franklin he was ethically barred from presenting witnesses he knew were lying. The trial court’s refusal to allow plea withdrawal is upheld as a proper exercise of discretion.


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