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2010AP2443-CR State v. Lucius
Criminal Procedure Plea withdrawal; ineffective assistance
2010AP1599-CR State v. Cain
Criminal Procedure Plea withdrawal; elements of offense; drug quantity
2010AP1384-CR, 2010AP1385-CR State v. Smuhl
Criminal Procedure Plea withdrawal; ineffective assistance; postconviction discovery
2010AP2387-CR State v. Allen
Criminal Procedure Plea withdrawal Elmer Allen pled guilty to armed robbery, party to a crime. The circuit court imposed a bifurcated sentence of thirty years, comprised of eighteen years of initial confinement and twelve years of extended supervision. Allen filed a postconviction motion to withdraw his plea. After an evidentiary hearing at which only Allen […]
2010AP370-CR State v. Scott
Criminal Procedure Plea withdrawal; evidentiary hearing Matthew Scott appeals from a judgment convicting him of second-degree sexual assault of a child and from an order denying his postconviction motion seeking to withdraw his guilty plea. We conclude that the circuit court should have held an evidentiary hearing on Scott’s motion to withdraw his plea. Therefore, […]
2010AP496 State v. Freland
Sex Offender Registration Plea withdrawal Where a defendant’s failure to register as a sex offender should have been a misdemeanor rather than a felony, he is entitled to withdraw his guilty plea. “In order for the circuit court to satisfy itself that a factual basis exists for the plea, the court must find that ‘“the […]
2010AP1814-CR State v. Hooker
Criminal Procedure Plea withdrawal Undell C. Hooker, pro se, appeals from an amended judgment convicting him of two counts of third-degree sexual assault and from an order denying his postconviction motion seeking plea withdrawal. Hooker argues that the circuit court erred when it denied his postconviction motion without an evidentiary hearing. We disagree and affirm. […]
2010AP1404-CR State v. Servantez
Criminal Procedure Plea withdrawal; ineffective assistance Roberto I. Servantez pled guilty to threats to injure, as a repeat offender. He appeals from the judgment of conviction, and from the order denying his postconviction motion to withdraw his plea and for a new trial. Servantez argues that defense counsel’s failure to advise him before he pled […]
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