State v. Minerva Lopez

¶ 213. (dissenting).

The majority opinion ultimately concludes that because the videotapes would no longer be admissible under Wis. Stat. § 908.08, the State would be substantially prejudiced if Lopez were allowed to withdraw her pleas. It maintains that without the videotapes the State would be left with a less compelling presentation of evidence due to A.O.'s loss of memory.

¶ 214. Its analysis, however, fails to address the argument that there was no evidence in the record supporting the circuit court's speculation or belief that A.O. suffered from memory loss. It further ignores the strong…