State v. Minerva Lopez
2014 WI 11
Wis.2014Background
- Lopez moved to withdraw her pre-sentencing pleas; the circuit court denied the motion and the court later sentenced Lopez.
- The State sought to use audiovisual interviews of the victim (A.O.) under Wis. Stat. 908.08; the victim was under 16 at the time of recording.
- The circuit court found the State would be substantially prejudiced if Lopez were allowed to withdraw, due to the admissibility and impact of the Safe Harbor videotapes.
- Lopez argued the State failed to show substantial prejudice and challenged the admissibility basis for the recordings.
- The court weighed the recordings’ admissibility, memory issues, and the victim’s emotional state, concluding substantial prejudice would result from withdrawal.
- The court of appeals affirmed the denial, the Wisconsin Supreme Court reversed, and the concurrence and dissents grappled with the continuing relevance of the fair and just reason standard.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the State showed substantial prejudice if Lopez withdrew | Lopez | Lopez | State satisfied substantial prejudice |
| Whether A.O.'s audiovisual recordings were admissible under 908.08 before age 16 | State | Lopez | Court properly admitted under 908.08 |
| Whether memory fade of the victim supports substantial prejudice | State | Lopez | Memory fade supported prejudice |
| Whether the pre-sentencing fair and just reason standard remains appropriate | State | Lopez | Majority retained fair and just reason standard; concurrence criticized |
Key Cases Cited
- State v. Jenkins, 303 Wis. 2d 157 (Wis. 2007) (pre-sentencing plea withdrawal requires fair and just reason unless prejudice)
- State v. Bollig, 232 Wis. 2d 561 (Wis. 2000) (substantial prejudice test following fair and just reason)
- State v. Canedy, 161 Wis. 2d 565 (Wis. 1991) (articulates standard for assessing withdrawal and credibility)
- State v. Rushing, 305 Wis. 2d 739 (Wis. Ct. App. 2007) (video evidence and prejudice considerations in withdrawal context)
- State v. Nelson, 282 Wis. 2d 502 (Wis. Ct. App. 2005) (prejudice assessment in plea withdrawal; victim memory considerations)