Legal Opinion

State v. Jenkins

Wisconsin Supreme Court

Decided July 12, 2007No. 2005AP302-CRPublishedCited by 49 opinions

1Opinion of the Court

*163DAVID T. PROSSER, J.

¶ 1. This is a review of a published decision of the court of appeals1 reversing thecircuit court's denial of Barry Jenkins' (Jenkins) presentence motion for plea withdrawal.

¶ 2. The case presents the recurrent question of how to review a circuit court's denial of a defendant's motion to withdraw his plea before sentencing, given the longstanding legal principle that a circuit court should "freely allow a defendant to withdraw his plea prior to sentencing for any fair and just reason, unless the prosecution [would] be substantially prejudiced."2 State v. Bollig, 2000 WI 6,…

2Cases cited30 opinions

  1. Boykin v. AlabamaSupreme Court of the United States · 1969
  2. Loy v. BundersonWisconsin Supreme Court · 1982
  3. State v. BangertWisconsin Supreme Court · 1986
  4. United States v. BarkerCourt of Appeals for the D.C. Circuit · 1975
  5. United States v. HydeSupreme Court of the United States · 1997

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3Cited by49 opinions

  1. Ward v. JenkinsCourt of Appeals for the Seventh Circuit · 2010
  2. State v. Richard J. SullaWisconsin Supreme Court · 2016
  3. David Minnick v. Dan WinkleskiCourt of Appeals for the Seventh Circuit · 2021
  4. State v. CainWisconsin Supreme Court · 2012
  5. State v. Hatem M. ShataWisconsin Supreme Court · 2015

44 more not listed; retrieve them via the Exa API.

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