State, Respondent v. Reppin, Appellant. [Two Cases.]

Summary

The Wisconsin Supreme Court adopted the American Bar Association's 'manifest injustice' standard for withdrawal of a guilty plea and affirmed the order denying Reppin's motion to withdraw his guilty pleas to robbery and motor vehicle theft. The court held that sharing appointed counsel with codefendant Jenson did not deny Reppin effective assistance, because dual representation does not itself create a conflict of interest and Reppin proved no actual conflict, and it held the plea was voluntarily and intelligently made on accurate advice and a correct factual basis. It also rejected the state's argument that the plea's waiver effect barred the motion, reasoning that waiver cannot be applied circularly to defeat withdrawal. No separate opinions were filed.