Legal Opinion

State v. Basley

Court of Appeals of Wisconsin

Decided November 30, 2006No. 2005AP2449-CRPublishedCited by 2 opinions

1Opinion of the CourtDeininger, J.

¶ 1. Donnell Basley appeals a judgment convicting him, on his plea of no contest, of second-degree reckless homicide. He also appeals an order denying his postconviction motion for plea withdrawal. Basley claims the circuit court erred in denying his postconviction plea withdrawal motion without con ducting an evidentiary hearing. We agree and reverse the order denying postconviction relief. We remand the case to the circuit court for the purpose of conducting an evidentiary hearing to determine whether Basley should be permitted to withdraw his no contest plea.

BACKGROUND

¶ 2. The State…

2Cases cited8 opinions

  1. Brady v. United StatesSupreme Court of the United States · 1970
  2. State v. BangertWisconsin Supreme Court · 1986
  3. State v. BentleyWisconsin Supreme Court · 1996
  4. State v. AllenWisconsin Supreme Court · 2004
  5. State v. JohnsonWisconsin Supreme Court · 1990

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3Cited by2 opinions

  1. State v. HowellWisconsin Supreme Court · 2007
  2. State v. HowellWisconsin Supreme Court · 2007

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