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LIBKE v. STATE

No. State 133.

60 Wis.2d 121 (1973)

208 N.W.2d 331

LIBKE, Plaintiff in error, v. STATE, Defendant in error.

Supreme Court of Wisconsin.

Decided June 29, 1973.

Attorney(s) appearing for the Case

For the plaintiff in error there were briefs and oral argument by Howard B. Eisenberg, state public defender.

For the defendant in error the cause was argued by Robert D. Martinson, assistant attorney general, with whom on the brief was Robert W. Warren, attorney general.

WILKIE, J.

The single issue involved in this review is whether the same standard applies to the consideration of a motion to withdraw a guilty plea before sentence as after?

We conclude that trial courts should apply a somewhat different standard in assessing a motion to withdraw a guilty plea before sentence than after. It should be easier to withdraw a plea before sentence than after.1 The trial court erroneously applied the...

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