7 Wisconsin opinions name it 2 courts 2006–2024 2 in the last five years
The cases below were cited by Wisconsin courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
State v. Bangertgreen2 sentences2023State v. Bangert, 131 Wis. 2d 246, 274 , 389 N.W.2d 12 (1986). 2016Brown, 293 Wis. 2d 594, ¶78 . 77 Brown, 293 Wis. 2d 594, ¶36 ("Assuming the defendant's postconviction motion is adequate to require a hearing, he may withdraw his plea after sentencing as a matter of right unless the state can show the plea was entered knowingly, intelligently, and voluntarily, despite the deficiencies in the plea hearing.") (citing State v. Trochinski, 2002 WI 56, ¶17 , 253 Wis. 2d 38 , 644 N.W.2d 891 ; Van Camp, 213 Wis. 2d at 139 ). 78 See Brown, 293 Wis. 2d 594, ¶¶58-59 ; Bangert, 131 Wis. 2d at 274 . 38 No. 2014AP2488-CR the State fails to meet its burden at the evidenti | 2 | 4 |
State v. Browngreen2 sentences2018"Assuming the defendant's postconviction motion is adequate to require a hearing, he may withdraw his plea after sentencing as a matter of right unless the [S]tate can show the plea was entered knowingly, intelligently and voluntarily, despite the deficiencies in the plea hearing." Id. ¶ 31 Here, Demerath's argument for plea withdrawal concerns his alleged confusion or misunderstanding of the nature of the first-degree sexual assault charge. 2016Brown, 293 Wis. 2d 594, ¶78 . 77 Brown, 293 Wis. 2d 594, ¶36 ("Assuming the defendant's postconviction motion is adequate to require a hearing, he may withdraw his plea after sentencing as a matter of right unless the state can show the plea was entered knowingly, intelligently, and voluntarily, despite the deficiencies in the plea hearing.") (citing State v. Trochinski, 2002 WI 56, ¶17 , 253 Wis. 2d 38 , 644 N.W.2d 891 ; Van Camp, 213 Wis. 2d at 139 ). 78 See Brown, 293 Wis. 2d 594, ¶¶58-59 ; Bangert, 131 Wis. 2d at 274 . 38 No. 2014AP2488-CR the State fails to meet its burden at the evidenti | 1 | 2 |
State v. Crossgreen2 sentences2024See State v. Cross, 2010 WI 70, ¶19 , 326 Wis. 2d 492 , 786 N.W.2d 64 . ¶23 If the defendant’s motion satisfies each of Bangert’s prongs, “the defendant is entitled to an evidentiary hearing … at which the State must prove by 12 No. 2022AP2196 clear and convincing evidence that the defendant’s plea was knowing, voluntary, and intelligent despite the deficiencies in the plea hearing.” Cross, 326 Wis. 2d 492, ¶20 . 2024See State v. Cross, 2010 WI 70, ¶19 , 326 Wis. 2d 492 , 786 N.W.2d 64 . ¶23 If the defendant’s motion satisfies each of Bangert’s prongs, “the defendant is entitled to an evidentiary hearing … at which the State must prove by 12 No. 2022AP2196 clear and convincing evidence that the defendant’s plea was knowing, voluntary, and intelligent despite the deficiencies in the plea hearing.” Cross, 326 Wis. 2d 492, ¶20 . | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Wisconsin. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
State v. Trochinski
green
2 sentences2016Brown, 293 Wis. 2d 594, ¶78 . 77 Brown, 293 Wis. 2d 594, ¶36 ("Assuming the defendant's postconviction motion is adequate to require a hearing, he may withdraw his plea after sentencing as a matter of right unless the state can show the plea was entered knowingly, intelligently, and voluntarily, despite the deficiencies in the plea hearing.") (citing State v. Trochinski, 2002 WI 56, ¶17 , 253 Wis. 2d 38 , 644 N.W.2d 891 ; Van Camp, 213 Wis. 2d at 139 ). 78 See Brown, 293 Wis. 2d 594, ¶¶58-59 ; Bangert, 131 Wis. 2d at 274 . 38 No. 2014AP2488-CR the State fails to meet its burden at the evidenti 2016Brown, 293 Wis. 2d 594, ¶78 . 77 Brown, 293 Wis. 2d 594, ¶36 ("Assuming the defendant's postconviction motion is adequate to require a hearing, he may withdraw his plea after sentencing as a matter of right unless the state can show the plea was entered knowingly, intelligently, and voluntarily, despite the deficiencies in the plea hearing.") (citing State v. Trochinski, 2002 WI 56, ¶17 , 253 Wis. 2d 38 , 644 N.W.2d 891 ; Van Camp, 213 Wis. 2d at 139 ). 78 See Brown, 293 Wis. 2d 594, ¶¶58-59 ; Bangert, 131 Wis. 2d at 274 . 38 No. 2014AP2488-CR the State fails to meet its burden at the evidenti | 2 | 2006–2016 |
State v. Van Camp
green
2 sentences2016Brown, 293 Wis. 2d 594, ¶78 . 77 Brown, 293 Wis. 2d 594, ¶36 ("Assuming the defendant's postconviction motion is adequate to require a hearing, he may withdraw his plea after sentencing as a matter of right unless the state can show the plea was entered knowingly, intelligently, and voluntarily, despite the deficiencies in the plea hearing.") (citing State v. Trochinski, 2002 WI 56, ¶17 , 253 Wis. 2d 38 , 644 N.W.2d 891 ; Van Camp, 213 Wis. 2d at 139 ). 78 See Brown, 293 Wis. 2d 594, ¶¶58-59 ; Bangert, 131 Wis. 2d at 274 . 38 No. 2014AP2488-CR the State fails to meet its burden at the evidenti 2016Brown, 293 Wis. 2d 594, ¶ 36 ("Assuming the defendant's postconviction motion is adequate to require a hearing, he may withdraw his plea after sentencing as a matter of right unless the state can show the plea was entered knowingly, intelligently, and voluntarily, despite the deficiencies in the plea hearing.") (citing State v. Trochinski, 2002 WI 56, ¶ 17 , 253 Wis. 2d 38 , 644 N.W.2d 891 ; Van Camp, 213 Wis. 2d at 139 ). | 2 | 2006–2016 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.