Legal Opinion

State v. Mason

Court of Appeals of Wisconsin

Decided July 9, 1986No. 85-1871-CRPublishedCited by 9 opinions

1Opinion of the CourtScott, C. J.

The issue is whether the state is permitted under sec. 904.10, Stats., to use statements made during a hearing on a guilty plea, later withdrawn, for impeachment purposes at a subsequent trial. We conclude that sec. 904.10 renders statements made during a guilty plea hearing inadmissible for any purpose at a subsequent trial and we reverse.

Lewis Mason was charged with four counts of sexual assault (two counts of first-degree sexual assault and two counts of incest) against his daughter. Faced with these charges, Mason struck a plea bargain wherein he agreed to plead guilty to one count and…

2Cases cited11 opinions

  1. Harris v. New YorkSupreme Court of the United States · 1971
  2. Ball v. District No. 4, Area BoardWisconsin Supreme Court · 1984
  3. Kollasch v. AdamanyWisconsin Supreme Court · 1981
  4. State v. ClausenWisconsin Supreme Court · 1982
  5. Tahtinen v. MSI InsuranceWisconsin Supreme Court · 1985

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

3Cited by9 opinions

  1. State v. AmidonSupreme Court of Vermont · 2008
  2. State v. NorwoodCourt of Appeals of Wisconsin · 2005
  3. In Re Condemnation by the City of Superior v. Douglas CountyCourt of Appeals of Wisconsin · 1991
  4. Kustelski v. TaylorCourt of Appeals of Wisconsin · 2003
  5. State v. PulizzanoCourt of Appeals of Wisconsin · 1988

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

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