Postconviction Relief- Ineffective Assistance of Counsel-

Listen to this article

WI Court of Supreme Court

Case Name: State of Wisconsin v. Robert K. Nietzold, Sr.

Case No.: 2021AP000021-CR

Officials: Brian Hagedorn, J.

Focus: Postconviction Relief- Ineffective Assistance of Counsel-

The central question in this case is whether a prosecutor cured the breach of a plea agreement when he initially recommended a specific term of imprisonment despite the State’s agreement not to do so, but then retracted and corrected the mistake upon being made aware of the error. Defendant Nietzold makes two arguments on appeal. First, he contends the State materially and substantially breached the plea agreement and that this breach was not cured. Second, he asserts that his counsel was ineffective for failing to object earlier to the prosecutor’s breach. The supreme court concludes that the breach was cured. The prosecutor corrected his mistake by unequivocally retracting it and abiding by the terms of the plea agreement. In addition, the defense counsel was not deficient for failing to object earlier to the errant remarks.

Reversed.

Decided 03/28/23

Full Text