Turner test in Wisconsin

2026“After sentencing, a defendant who seeks to withdraw a guilty or no contest plea carries the heavy burden of establishing, by clear and convincing evidence, that withdrawal of the plea is necessary to correct a manifest injustice.” State v. McCallum, 208 Wis. 2d 463, 473 , 561 N.W.2d 707 (1997).

2026“After sentencing, a defendant who seeks to withdraw a guilty or no contest plea carries the heavy burden of establishing, by clear and convincing evidence, that withdrawal of the plea is necessary to correct a manifest injustice.” State v. McCallum, 208 Wis. 2d 463, 473 , 561 N.W.2d 707 (1997).

2026As to the first claim, the circuit court ruled that Gatlin’s recantation was not corroborated by other newly discovered evidence or circumstantial guarantees of trustworthiness as required by State v. McAlister, 2018 WI 34 , 380 Wis. 2d 684 , 911 N.W.2d 77 .

2026As to the first claim, the circuit court ruled that Gatlin’s recantation was not corroborated by other newly discovered evidence or circumstantial guarantees of trustworthiness as required by State v. McAlister, 2018 WI 34 , 380 Wis. 2d 684 , 911 N.W.2d 77 .

2026Turner raised four justifications for plea withdrawal: newly discovered evidence via the recantation of Kendrick Gatlin; a violation of Brady v. Maryland, 373 U.S. 83 (1963); ineffective assistance of postconviction and appellate counsel; and an indistinct claim based on a 1994 letter from then-Governor Tommy Thompson to the Secretary of Corrections concerning parole policy. ¶6 The circuit court denied Turner’s motion without a hearing.

2021“The facts found by the [agency] are conclusive if supported by any reasonable view of the evidence, and we may not substitute our view of the evidence for that of the [agency].” Id. (quoted sources and internal quotations omitted). ¶15 We reject Turner’s challenge to the Secretary’s decision because Turner does not direct our attention to evidence in the record that contradicts the Secretary’s findings or shows that the Secretary’s view of the evidence was not “any reasonable view of the evidence.” See id.

2021“The facts found by the [agency] are conclusive if supported by any reasonable view of the evidence, and we may not substitute our view of the evidence for that of the [agency].” Id. (quoted sources and internal quotations omitted). ¶15 We reject Turner’s challenge to the Secretary’s decision because Turner does not direct our attention to evidence in the record that contradicts the Secretary’s findings or shows that the Secretary’s view of the evidence was not “any reasonable view of the evidence.” See id.

2021Under the first prong of the Turner test, the name-change ban furthers an important or substantial government interest— specifically, to “protect the public and assist law enforcement.” Bollig, 232 Wis. 2d 561, ¶21 .

2021Under the first prong of the Turner test, the name-change ban furthers an important or substantial government interest— specifically, to “protect the public and assist law enforcement.” Bollig, 232 Wis. 2d 561, ¶21 .

2020Subsequent Supreme Court cases affirming and applying the Turner test include Florence v. Board of Chosen Freeholders, 566 U.S. 318 (2012) (applying the Turner test to correctional facility policies authorizing strip searches and body-cavity inspections of arrested individuals prior to entering the general population of a jail); Beard v. Banks, 548 U.S. 521 (2006) (applying the Turner test and affirming a prison policy denying newspapers, magazines, and photographs to certain inmates); Overton v. Bazzetta, 539 U.S. 126 (2003) (applying the Turner test to prison regulations restricting visiting

2020Subsequent Supreme Court cases affirming and applying the Turner test include Florence v. Board of Chosen Freeholders, 566 U.S. 318 (2012) (applying the Turner test to correctional facility policies authorizing strip searches and body-cavity inspections of arrested individuals prior to entering the general population of a jail); Beard v. Banks, 548 U.S. 521 (2006) (applying the Turner test and affirming a prison policy denying newspapers, magazines, and photographs to certain inmates); Overton v. Bazzetta, 539 U.S. 126 (2003) (applying the Turner test to prison regulations restricting visiting

2020Subsequent Supreme Court cases affirming and applying the Turner test include Florence v. Board of Chosen Freeholders, 566 U.S. 318 (2012) (applying the Turner test to correctional facility policies authorizing strip searches and body-cavity inspections of arrested individuals prior to entering the general population of a jail); Beard v. Banks, 548 U.S. 521 (2006) (applying the Turner test and affirming a prison policy denying newspapers, magazines, and photographs to certain inmates); Overton v. Bazzetta, 539 U.S. 126 (2003) (applying the Turner test to prison regulations restricting visiting

2020Subsequent Supreme Court cases affirming and applying the Turner test include Florence v. Board of Chosen Freeholders, 566 U.S. 318 (2012) (applying the Turner test to correctional facility policies authorizing strip searches and body-cavity inspections of arrested individuals prior to entering the general population of a jail); Beard v. Banks, 548 U.S. 521 (2006) (applying the Turner test and affirming a prison policy denying newspapers, magazines, and photographs to certain inmates); Overton v. Bazzetta, 539 U.S. 126 (2003) (applying the Turner test to prison regulations restricting visiting

2020Subsequent Supreme Court cases affirming and applying the Turner test include Florence v. Board of Chosen Freeholders, 566 U.S. 318 (2012) (applying the Turner test to correctional facility policies authorizing strip searches and body-cavity inspections of arrested individuals prior to entering the general population of a jail); Beard v. Banks, 548 U.S. 521 (2006) (applying the Turner test and affirming a prison policy denying newspapers, magazines, and photographs to certain inmates); Overton v. Bazzetta, 539 U.S. 126 (2003) (applying the Turner test to prison regulations restricting visiting

2020Subsequent Supreme Court cases affirming and applying the Turner test include Florence v. Board of Chosen Freeholders, 566 U.S. 318 (2012) (applying the Turner test to correctional facility policies authorizing strip searches and body-cavity inspections of arrested individuals prior to entering the general population of a jail); Beard v. Banks, 548 U.S. 521 (2006) (applying the Turner test and affirming a prison policy denying newspapers, magazines, and photographs to certain inmates); Overton v. Bazzetta, 539 U.S. 126 (2003) (applying the Turner test to prison regulations restricting visiting

2020Harper, 494 U.S. at 223 .

2020Harper, 494 U.S. at 223 .

2020See, e.g., Greenhill v. Clarke, 944 F.3d 243 (4th Cir. 2019) (applying the Turner test to an inmate's Free Exercise Clause claim); Brown v. Collier, 929 F.3d 218 (5th Cir. 2019) (same); Nigl v. Litscher, 940 F.3d 329 (7th Cir. 2019), petition for cert. filed (U.S. Mar. 6, 2020) (No. 19-1618) (applying the Turner test to the denial of a prisoner's request to marry); Hanrahan v. Mohr, 905 F.3d 947 (6th Cir. 2018) (applying the Turner test to prison restrictions on in-person media interviews with certain prisoners); Crime Justice & Am., Inc. v. Honea, 876 F.3d 966 (9th Cir. 2017) (applying the Tu

2020See, e.g., Greenhill v. Clarke, 944 F.3d 243 (4th Cir. 2019) (applying the Turner test to an inmate's Free Exercise Clause claim); Brown v. Collier, 929 F.3d 218 (5th Cir. 2019) (same); Nigl v. Litscher, 940 F.3d 329 (7th Cir. 2019), petition for cert. filed (U.S. Mar. 6, 2020) (No. 19-1618) (applying the Turner test to the denial of a prisoner's request to marry); Hanrahan v. Mohr, 905 F.3d 947 (6th Cir. 2018) (applying the Turner test to prison restrictions on in-person media interviews with certain prisoners); Crime Justice & Am., Inc. v. Honea, 876 F.3d 966 (9th Cir. 2017) (applying the Tu

2020See, e.g., Greenhill v. Clarke, 944 F.3d 243 (4th Cir. 2019) (applying the Turner test to an inmate's Free Exercise Clause claim); Brown v. Collier, 929 F.3d 218 (5th Cir. 2019) (same); Nigl v. Litscher, 940 F.3d 329 (7th Cir. 2019), petition for cert. filed (U.S. Mar. 6, 2020) (No. 19-1618) (applying the Turner test to the denial of a prisoner's request to marry); Hanrahan v. Mohr, 905 F.3d 947 (6th Cir. 2018) (applying the Turner test to prison restrictions on in-person media interviews with certain prisoners); Crime Justice & Am., Inc. v. Honea, 876 F.3d 966 (9th Cir. 2017) (applying the Tu

2020See, e.g., Greenhill v. Clarke, 944 F.3d 243 (4th Cir. 2019) (applying the Turner test to an inmate's Free Exercise Clause claim); Brown v. Collier, 929 F.3d 218 (5th Cir. 2019) (same); Nigl v. Litscher, 940 F.3d 329 (7th Cir. 2019), petition for cert. filed (U.S. Mar. 6, 2020) (No. 19-1618) (applying the Turner test to the denial of a prisoner's request to marry); Hanrahan v. Mohr, 905 F.3d 947 (6th Cir. 2018) (applying the Turner test to prison restrictions on in-person media interviews with certain prisoners); Crime Justice & Am., Inc. v. Honea, 876 F.3d 966 (9th Cir. 2017) (applying the Tu

2020The Turner test is the law governing prison regulations impacting 1 See, e.g., Fraise v. Terhune, 283 F.3d 506 , 515 n.5 (3d Cir. 2002) ("Turner discussed five prior Supreme Court cases involving inmate constitutional claims, and in all of those cases the challenged prison regulation would have been plainly unconstitutional outside the prison context." (discussing Turner v. Safley, 482 U.S. 78 (1987))). 9 No. 2016AP1982.bh constitutional rights, and it must be followed.2 Involuntary medication impacts the constitutional right to due process, and Harper has left no doubt as to the proper standa

2020The Turner test is the law governing prison regulations impacting 1 See, e.g., Fraise v. Terhune, 283 F.3d 506 , 515 n.5 (3d Cir. 2002) ("Turner discussed five prior Supreme Court cases involving inmate constitutional claims, and in all of those cases the challenged prison regulation would have been plainly unconstitutional outside the prison context." (discussing Turner v. Safley, 482 U.S. 78 (1987))). 9 No. 2016AP1982.bh constitutional rights, and it must be followed.2 Involuntary medication impacts the constitutional right to due process, and Harper has left no doubt as to the proper standa

2020See, e.g., Greenhill v. Clarke, 944 F.3d 243 (4th Cir. 2019) (applying the Turner test to an inmate's Free Exercise Clause claim); Brown v. Collier, 929 F.3d 218 (5th Cir. 2019) (same); Nigl v. Litscher, 940 F.3d 329 (7th Cir. 2019), petition for cert. filed (U.S. Mar. 6, 2020) (No. 19-1618) (applying the Turner test to the denial of a prisoner's request to marry); Hanrahan v. Mohr, 905 F.3d 947 (6th Cir. 2018) (applying the Turner test to prison restrictions on in-person media interviews with certain prisoners); Crime Justice & Am., Inc. v. Honea, 876 F.3d 966 (9th Cir. 2017) (applying the Tu

2020See, e.g., Greenhill v. Clarke, 944 F.3d 243 (4th Cir. 2019) (applying the Turner test to an inmate's Free Exercise Clause claim); Brown v. Collier, 929 F.3d 218 (5th Cir. 2019) (same); Nigl v. Litscher, 940 F.3d 329 (7th Cir. 2019), petition for cert. filed (U.S. Mar. 6, 2020) (No. 19-1618) (applying the Turner test to the denial of a prisoner's request to marry); Hanrahan v. Mohr, 905 F.3d 947 (6th Cir. 2018) (applying the Turner test to prison restrictions on in-person media interviews with certain prisoners); Crime Justice & Am., Inc. v. Honea, 876 F.3d 966 (9th Cir. 2017) (applying the Tu

2020See, e.g., Greenhill v. Clarke, 944 F.3d 243 (4th Cir. 2019) (applying the Turner test to an inmate's Free Exercise Clause claim); Brown v. Collier, 929 F.3d 218 (5th Cir. 2019) (same); Nigl v. Litscher, 940 F.3d 329 (7th Cir. 2019), petition for cert. filed (U.S. Mar. 6, 2020) (No. 19-1618) (applying the Turner test to the denial of a prisoner's request to marry); Hanrahan v. Mohr, 905 F.3d 947 (6th Cir. 2018) (applying the Turner test to prison restrictions on in-person media interviews with certain prisoners); Crime Justice & Am., Inc. v. Honea, 876 F.3d 966 (9th Cir. 2017) (applying the Tu

2020See, e.g., Greenhill v. Clarke, 944 F.3d 243 (4th Cir. 2019) (applying the Turner test to an inmate's Free Exercise Clause claim); Brown v. Collier, 929 F.3d 218 (5th Cir. 2019) (same); Nigl v. Litscher, 940 F.3d 329 (7th Cir. 2019), petition for cert. filed (U.S. Mar. 6, 2020) (No. 19-1618) (applying the Turner test to the denial of a prisoner's request to marry); Hanrahan v. Mohr, 905 F.3d 947 (6th Cir. 2018) (applying the Turner test to prison restrictions on in-person media interviews with certain prisoners); Crime Justice & Am., Inc. v. Honea, 876 F.3d 966 (9th Cir. 2017) (applying the Tu

2020See, e.g., Greenhill v. Clarke, 944 F.3d 243 (4th Cir. 2019) (applying the Turner test to an inmate's Free Exercise Clause claim); Brown v. Collier, 929 F.3d 218 (5th Cir. 2019) (same); Nigl v. Litscher, 940 F.3d 329 (7th Cir. 2019), petition for cert. filed (U.S. Mar. 6, 2020) (No. 19-1618) (applying the Turner test to the denial of a prisoner's request to marry); Hanrahan v. Mohr, 905 F.3d 947 (6th Cir. 2018) (applying the Turner test to prison restrictions on in-person media interviews with certain prisoners); Crime Justice & Am., Inc. v. Honea, 876 F.3d 966 (9th Cir. 2017) (applying the Tu

2020See, e.g., Greenhill v. Clarke, 944 F.3d 243 (4th Cir. 2019) (applying the Turner test to an inmate's Free Exercise Clause claim); Brown v. Collier, 929 F.3d 218 (5th Cir. 2019) (same); Nigl v. Litscher, 940 F.3d 329 (7th Cir. 2019), petition for cert. filed (U.S. Mar. 6, 2020) (No. 19-1618) (applying the Turner test to the denial of a prisoner's request to marry); Hanrahan v. Mohr, 905 F.3d 947 (6th Cir. 2018) (applying the Turner test to prison restrictions on in-person media interviews with certain prisoners); Crime Justice & Am., Inc. v. Honea, 876 F.3d 966 (9th Cir. 2017) (applying the Tu

2020The Court then applied the relevant Turner factors and concluded that the prison policy for involuntary medication complied with due process by rationally "furthering the State's legitimate objectives." Id. at 224-27 . ¶88 In failing to apply the law the United States Supreme Court says to apply, this court errs as well.

2020The Court then applied the relevant Turner factors and concluded that the prison policy for involuntary medication complied with due process by rationally "furthering the State's legitimate objectives." Id. at 224-27 . ¶88 In failing to apply the law the United States Supreme Court says to apply, this court errs as well.

2010By the Court. — Judgment affirmed. 1 References to the Wisconsin Statutes are to the 2007-08 version unless otherwise noted. 2 1979 A.B. 326. 3 Segall v. Hurwitz, 114 Wis. 2d 471, 487 , 339 N.W.2d 333 (Ct. App. 1983), described the predecessor to Wis. Stat. § 893.53 as a general statute of limitations.

2010By the Court. — Judgment affirmed. 1 References to the Wisconsin Statutes are to the 2007-08 version unless otherwise noted. 2 1979 A.B. 326. 3 Segall v. Hurwitz, 114 Wis. 2d 471, 487 , 339 N.W.2d 333 (Ct. App. 1983), described the predecessor to Wis. Stat. § 893.53 as a general statute of limitations.