On Point blog, page 3 of 3
Defendant pleading NGI doesn’t need to know maximum length of commitment
State v. Corey R. Fugere, 2018 WI App 24, affirmed, 2019 WI 33; case activity (including briefs)
Because civil commitment is neither punishment nor a direct consequence of a guilty or no contest plea, a defendant entering an NGI plea does not have to be advised during the plea colloquy of the maximum term of commitment that could be ordered.
Prisoners challenging DOC’s deduction of prison funds to pay court obligations must exhaust administrative remedies
State v. Marquis T. Williams, 2018 WI App 20; case activity (including briefs)
Williams, a prison inmate, objected to DOC deducting funds from his prison account to pay the restitution ordered in his criminal case. He asked the sentencing judge to order DOC to stop but the sentencing judge declined. The court of appeals affirms, holding the sentencing court isn’t competent to address that issue. Instead, Williams has to exhaust his administrative remedies using the inmate complaint review system (ICRS) and, if that fails, he can bring a certiorari action in circuit court.
January 2018 publication list
On January 31, 2018, the court of appeals ordered the publication of the following criminal law related decisions:
State v. Antonio A. Johnson, 2018 WI App 2 (defendant entitled to a day of credit for portion of a day spent in custody)
State v. Taran Q. Raczka, 2018 WI App 3 (whether defendant was negligent in not taking seizure medication is a jury question)
Court of appeals clarifies “guilty plea waiver” rule, says lawyers needn’t advise clients about DACA consequences of plea
State v. Marcos Rosas Villegas, 2018 WI App 9; case activity (including briefs)
This opinion resolves 2 issues worthy of publication and has already generated a petition for review (from an earlier version of the opinion, which was withdrawn and has now been replaced). According to the court of appeals, an attorney does not perform deficiently by failing to inform his client, an undocumented immigrant, that a plea would render him inadmissible to the U.S. and ineligible for DACA. Furthermore–for the first time–the court of appeals holds that the “guilty plea waiver” rule applies to claims of ineffective assistance of counsel, unless such a claim is offered as a reason to overturn the plea itself.
Defense win: Inaccurate advice about consequences of going to trial invalidates plea
State v. Mario Douglas, 2018 WI App 12; case activity (including briefs)
Douglas got inaccurate advice about the prison time he faced if he went to trial instead of taking the State’s plea offer. The inaccurate advice makes his plea invalid.