“A criminal defendant does not have an absolute right under the Constitution to have his guilty plea accepted by the court,” and there is no right to a pretrial agreement. North Carolina v. Alford, 400 U.S. 25, 38 n.11 (1970). Appellant’s request for a retroactive sentence assessment based on an agreement not signed would be applicable to all similar circumstances where pretrial negotiations fail to mature into a signed pretrial agreement.
State v. Kevin L. Nash, 2018AP731-CR, petition for review of a per curiam opinion granted 12/10/19, case activity (including briefs)Issue presented:When accepting a guilty plea under Alford v. North Carolina, 400 U.S. 25 (1970), a circuit court may find there is a factual basis for the plea only if there is “strong proof of guilt.” May a court find “strong proof of guilt” based only on the information contained in the criminal complaint, or must the court hear additional evidence before it can make that finding?Wisconsin law is a clear that it takes more to establish a factual basis for an Alford plea than for an ordinary guilty plea.State v. Smith, 202 Wis. 2d 21, 27, 549 N.W.2d 232 (1996).
Johnson v. State, 53 Wis. 2d 787, 790, 193 N.W.2d 659 (1972); see also State v. Garcia, 192 Wis. 2d 845, 867-68, 532 N.W.2d 111 (1995) (Abrahamson, J., concurring) (“[A] circuit court cannot enter a plea of guilty coupled with claims of innocence ‘unless there is a factual basis for the plea and until the judge taking the plea has inquired into and sought to resolve the conflict between the waiver of trial and the claim of innocence.’”) (emphasis added) (quoting North Carolina v. Alford, 400 U.S. 25, 38 n.10 (1970)).[10] This rule is part of the requirement that a trial court at a plea hearing is “to determine that the conduct which the defendant admits constitutes” a charged offense. Thomas, 232 Wis. 2d 714, ¶17 (emphasis added) (citations, internal quotation marks, and brackets omitted).
Christina Waugh won in State v. Case, No. 98,077 (Kan. August 7, 2009), reversing a 60-month term of postrelease supervision that was based on the district court’s finding that the defendant’s conviction for aggravated endangering of a child was sexually motivated.The KSC summed up the case as follows:This case requires us to determine the effect, if any, on the defendant's guilty plea pursuant to North Carolina v. Alford, 400 U.S. 25, 27 L. Ed. 2d 162, 91 S. Ct. 160 (1970), when he "stipulate[d] to the factual basis provided by the State." A panel of the Court of Appeals held that Christopher Case stipulated to the facts, which eliminated the requirement that they be proven to a jury beyond a reasonable doubt before they could be used to increase his sentence beyond the prescribed statutory maximum.
Because this Court has never held that a petitioner in Walker's position must secure a certificate of appealability in order to litigate an appeal, we will afford him a fair opportunity to request such a certificate and to provide support for that request. "Orman v. Cain, No. 99-30739 (5th Cir. 10/11/2000) "The district court held that the state had breached its duty under Brady v. Maryland, 373 U.S. 83, 87 (1963), to disclose exculpatory evidence and that Orman's guilty plea violated Alford v. North Carolina, 400 U.S. 25, 38 & n.10 (1970), and Fed. R. Crim. P. 11(f), which require courts to ensure that there is a factual basis for entering a conviction whenever a guilty plea is accompanied by a claim of innocence. On appeal, the state argues that Orman was barred from seeking habeas relief because he failed to exhaust his state remedies and that the plea violated neither Brady nor Alford.
Because this Court has never held that a petitioner in Walker's position must secure a certificate of appealability in order to litigate an appeal, we will afford him a fair opportunity to request such a certificate and to provide support for that request. "Orman v. Cain, No. 99-30739 (5th Cir. 10/11/2000) "The district court held that the state had breached its duty under Brady v. Maryland, 373 U.S. 83, 87 (1963), to disclose exculpatory evidence and that Orman's guilty plea violated Alford v. North Carolina, 400 U.S. 25, 38 & n.10 (1970), and Fed. R. Crim. P. 11(f), which require courts to ensure that there is a factual basis for entering a conviction whenever a guilty plea is accompanied by a claim of innocence. On appeal, the state argues that Orman was barred from seeking habeas relief because he failed to exhaust his state remedies and that the plea violated neither Brady nor Alford.