Plea Withdrawal – Evidentiary Hearing

By: Derek Hawkins//November 10, 2020//

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WI Court of Appeals – District II

Case Name: State of Wisconsin v. Cortez Lorenzo Toliver

Case No.: 2018AP836

Officials: Neubauer, C.J., Reilly, P.J., and Gundrum, J.

Focus: Plea Withdrawal – Evidentiary Hearing

Cortez Lorenzo Toliver appeals pro se from a circuit court order denying his WIS. STAT. § 974.06 (2017-18) postconviction motion without a hearing. Toliver contends that he is entitled to an evidentiary hearing on the issue of whether he should be permitted to withdraw his guilty pleas. Because Toliver’s claims are barred by § 974.06(4), and State v. Escalona-Naranjo, 185 Wis. 2d 168, 517 N.W.2d 157 (1994), and because the record conclusively shows that Toliver is not entitled to relief on the merits of his plea withdrawal claim, we affirm.

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Derek A Hawkins is trademark corporate counsel for Harley-Davidson. Hawkins oversees the prosecution and maintenance of the Harley-Davidson’s international trademark portfolio in emerging markets.

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