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Failure to Show a Manifest Injustice

By: WISCONSIN LAW JOURNAL STAFF//February 7, 2024//

Failure to Show a Manifest Injustice

By: WISCONSIN LAW JOURNAL STAFF//February 7, 2024//

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WI Court of Appeals – District I

Case Name: State of Wisconsin v. Calvin Scott, Jr.

Case No.: 2022AP001618-CR

Officials: White, C.J., Donald, P.J., and Geenen, J.

Focus: Failure to Show a Manifest Injustice

Calvin Scott, Jr. appeals from his judgment of conviction, entered upon a guilty plea, for second-degree sexual assault of a child, and from the order denying his motion for postconviction relief. The State charged Scott with one count of second-degree sexual assault of a child under sixteen years of age and one count of repeated sexual assault of a child. The complaint alleged that from approximately

February through August 2019, Scott repeatedly sexually assaulted his stepdaughter while her mother was asleep or at work Scott argues that the circuit court erred when it adopted the State’s proposed findings of fact without making independent legal or factual findings in its denial of his motion for plea withdrawal after an evidentiary hearing.  Scott did not show that the court’s findings were clearly erroneous; nor did he show a manifest injustice if plea withdrawal were not granted.

Affirmed.

Decided 01/30/24

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