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2008

Supreme Court accepts one new case

Madison, Wisconsin - October 28, 2008

The Wisconsin Supreme Court has voted to accept one new case. The Court also acted to deny review in a number of cases. The case numbers, issues, and counties of origin are listed below. Court of Appeals' opinions/certification memos available online for the newly accepted cases are hyperlinked.

2007AP905-CR State v. Christopher S. Hoppe
This 2002 criminal case examines the requirements of a plea colloquy and the extent to which a judge may rely on the contents of a plea questionnaire and waiver of rights form and the extent to which the judge just must question the defendant personally on the record.

Some background: Christopher S. Hoppe was charged with sexual assault of a child, physical abuse of a child and multiple counts of possessing child pornography. He reached a plea agreement with the state whereby he would plead guilty to twelve counts of child pornography, while the remaining counts of child pornography, sexual assault of a child and physical abuse of a child would be dismissed and read in. The court sentenced Hoppe to consecutive terms of two years of initial confinement and three years of extended supervision, for a total sentence of 12 years of initial confinement and 18 years of extended supervision.

After sentencing, Hoppe sought to withdraw his guilty pleas, contending that the plea colloquy was defective because the circuit court had merely asked whether he had gone over the plea questionnaire and waiver of rights form with his attorneys and whether he understood the document. Hoppe also claimed that during a short pre-plea meeting with one of his attorneys, he did not personally read the form. He said he was unable to see it as it was read by the attorney, who was seated across the table. In addition, Hoppe said he could not have read the form because he did not have his reading glasses, and even if he did, he would not have understood the substance of the form due to the effect of medication he was taking after hernia surgery. Hoppe also claims his counsel made a "near-promise" that he would receive no more than two years in prison. The court of appeals affirmed the circuit court's denial of Hoppe's plea withdrawal motion.

The court of appeals held that the circuit court could rely on the plea questionnaire and waiver of rights form to meet the requirements of a plea colloquy because such a document is an intrinsic part of the plea colloquy. From Walworth County.

Review denied: The Supreme Court denied review in the following cases. Supreme Court review is a matter of judicial discretion, not of right, and will be granted only when special and important reasons are presented. As the state’s law-developing court, the Supreme Court exercises its discretion to consider for review only those cases that fit certain criteria, but these criteria neither control nor fully measure the Court’s discretion (see Wis. Stat. (rule) § 809.62). Except where indicated, these cases came to the Supreme Court via petition for review by the party who lost in the lower court.

Brown
2008AP2242-W Bowers v. Cir. Ct. Brown Co.

Dane
2006AP2321-CR State v. Sain
2007AP1120 McLellan v. Charly
2007AP1893 Lee v. UW Med. Found. Justice Ann Walsh Bradley did not participate.
2007AP2139-W Voigt v. Circ. Ct. for Dane Co.
2007AP2559 Libby v. Amer. Family
2008AP193-W Hagberg v. Cir. Ct. Dane Co.

Dodge
2007AP1145-CR State v. Stefan

Eau Claire
2008AP1278 State v. Thomas

Fond du Lac
2008AP2260-OA Anderson v. COA Justice N. Patrick Crooks did not participate.

Forest
2007AP1955-CR State v. Wakeman

Grant
2007AP1655/56 Grant Co. DSS v. Cherry M.A. Justice Michael J. Gableman did not participate.

Jackson
2008AP2001-W Fitzgerald v. DOC

Jefferson
2006AP2760-CRNM State v. Whalum

Juneau
2006AP2747 Berkos v. Shipwreck Bay

Kenosha
2007AP1454-CR State v. Nelson

La Crosse
2007AP1061-CR State v. Sellers-Bruring
2007AP1905-CR State v. Morin

Milwaukee
2006AP232-CRNM State v. Lockhart
2006AP2092-CRNM State v. Bonilla
2006AP2673 Rucker v. DRL
2006AP3153-CRNM State v. Harris
2007AP539 State v. Jackson
2007AP729 State v. Chesir
2007AP831-CRNM State v. Thurman
2007AP1423-CR State v. Adell
2007AP1518 State v. Heimermann
2007AP1773-CR State v. Lippold
2007AP1810 State v. Jelks
2007AP2087-CR State v. Ray
2007AP2215-CR State v. Doll
2007AP2318-CR State v. Heron
2008AP669 State v. David W.
2008AP2220-W Davis v. Endicott

Monroe
2007AP1543 Brown v. Mathy Const.

Ozaukee
2007AP154/2216 Ring v. Est. of Wrezic Justice Annette Kingsland Ziegler did not participate.
2007AP1217-CR State v. Rose

Portage
2007AP1755-CR State v. Lane

Racine
2007AP1727 Racine Harley-Davidson v. Harley-Davidson
2007AP2627-CRNM State v. Carey
2008AP1200-W Johnson v. Thurmer

Rock
2007AP108 Jackson v. LIRC
2007AP1644/45-CR State v. Hicks
2008AP907 State v. Matlouck

Sawyer
2008AP112-FT Kristin M.S. v. Sawyer Co. DHS

Sheboygan
2007AP2536-CR State v. Carrothers
2008AP392-CR State v. Beninghaus

Washington
2007AP1939 State v. Tolonen Justice Annette Kingsland Ziegler did not participate.

Waukesha
2007AP1400 Dyer v. Waste Mgmt.
2007AP1504-CR State v. Zaruba
2008AP69-CRNM State v. Asmus

Winnebago
2007AP1634 State v. Granberry
2007AP1636-CR State v. Lee

Contact:
Tom Sheehan
Court Information Officer
(608) 261-6640

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