State v. Kivioja

¶ 1. These consolidated cases are before the court on certification from the court of appeals, pursuant to Wis. Stat. *274§ (Rule) 809.61 (1997-98). Defendant-appellant appeals an order by the Honorable Henry B. Buslee, Fond du Lac County Circuit Court.

¶2. The issue in this case, as certified, is the manner in which a circuit court should evaluate recantation testimony when it is offered as new evidence in support of a defendant's plea withdrawal prior to sentencing. The more immediate issue, from the perspective of the defendant-appellant, Dennis J. Kivi-oja, is whether his offer of the…