Please ensure Javascript is enabled for purposes of website accessibility
Home / Opinion / Homicide – conspiracy — factual basis

Homicide – conspiracy — factual basis

Wisconsin Court of Appeals


Homicide – conspiracy — factual basis

In these consolidated appeals, Frederick Lucht appeals two Marquette County circuit court orders denying his motion for postconviction relief from his conviction, based on his no-contest plea, for conspiracy to commit first-degree intentional homicide. He also appeals five Portage County circuit court judgments for six additional convictions in five

cases in that county and five identical postconviction orders denying his five identical motions for postconviction relief from those convictions.

Each of Lucht’s challenges is based on recordings of conversations that Lucht had with an undercover agent who posed as Lucht’s co-conspirator in the Marquette County homicide conspiracy case. Lucht argues in the Marquette County case that the recordings show that there was an insufficient factual basis for his plea, that he received ineffective assistance of counsel based on his trial counsel’s failure to obtain and review copies of the recordings, and that the recordings are a new sentencing factor justifying a sentence modification.[2] In the Portage County cases, Lucht argues that the recordings are a new sentencing factor justifying a sentence modification, because the sentencing court in those cases considered his alleged conduct related to the conspiracy to commit homicide conviction as a sentencing factor, and the recordings shed new light on that conduct. We reject Lucht’s arguments and therefore affirm each of the judgments and orders that he appeals. Not recommended for publication in the official reports.

2011AP880-CR, 2011AP1640-CR, 2011AP1641-CR, 2011AP1642-CR, 2011AP1643-CR, 2011AP1644-CR State v. Lucht

Dist IV, Marquette County, Wright, J., Blanchard, J.

Attorneys: For Appellant: Henak, Robert R., Milwaukee; For Respondent: Eagon, Thomas B., Stevens Point; Whelan, Maura F.J., Madison; Hendee, Chad A., Montello

Leave a Reply

Your email address will not be published. Required fields are marked *