State v. Velez

In State v. Velez, 224 Wis. 2d 1, 589 N.W.2d 9 (1999), the court explained that an evidentiary hearing on the issue of manipulation is not a right, but that a trial court must first consider whether a defendant's motion "'on its face alleges facts which would entitle the defendant to relief.'" Id. at 17 . If so, an evidentiary hearing must be conducted; but if not, the court, may, in its discretion, deny a hearing after considering the motion, arguments, record and the law, if it determines that the "defendant holds only hope but articulates no factually-based good faith belief that any impropriety will be exposed through an evidentiary hearing." Velez, 224 Wis. 2d at 17-18 .