On Point: 21. Guilty pleas

State v. D.B., 2016AP440-441; 8/30/16, District 1 (1-judge opinion, ineligible for publication); case activity

D.B. contends that his no contest plea as to the grounds for TPR was not knowing and intelligent because he did not understand the direct consequences of it–that is, that the court could order termination at the end of the disposition hearing. He thought the court would offer him treatment or parenting classes. D.B. lost on appeal based on the plea colloquy and the testimony of his attorney.

The Immigration Professors Blog says Arias v. Lynch, No. 14-2839 (7th Cir. 8/2/4/16) would be the “hand down winner” of the “immigration case of the week,” if such a category existed. It highlights the confusion in federal courts over how to define a crime involving moral turpitude a.k.a “CIMT.” Or you can just skip to Judge Richard Posner’s concurrence which argues that “[it] is preposterous that that stale, antiquated, and worse,

State v. Jeremy Wand, 2015AP2344-CR, District 4, 8/25/16 (not recommended for publication); case activity (including briefs)

The court of appeals holds that Wand’s postconviction motion for plea withdrawal failed to allege sufficient facts to merit an evidentiary hearing on his claims that his plea was coerced and that his trial lawyers were ineffective by failing to retain certain experts to assist in his defense.

State v. Mychael R. Hatcher, 2015AP297-CR, District 3, 8/16/16 (not recommended for publication); case activity (including briefs)

Hatcher was convicted of sexually assaulting an intoxicated person, obstructing an officer, and bail-jumping. This 38-page court of appeals decision rejects claims that the trial court erred in refusing to accept Hatcher’s guilty plea, admitting expert testimony during the State’s rebuttal, admitting evidence of the victim’s flirting, and ineffective assistance of counsel for failure to move for suppression and for introducing into evidence a report showing the victim’s BAC.

Kenneth Morris v. Bryan Bartow, 7th Circuit Court of Appeals No. 14-3482, 2016 WL 4207960, 8/10/16

Morris claims his guilty plea to first degree reckless homicide was involuntary, and that his appellate attorney was ineffective for failing to raise the issue of involuntariness in his no-merit appeal. The Seventh Circuit rejects his claims.

A prosecutor’s exercise of discretion can trigger or avoid collateral consequences for your client. This new law review article analyzes how and why prosecutors make these decisions.

State v. Timothy L. Finley, Jr., 2016 WI 63, affirming a published court of appeals decision, 2015 WI App 79, 365 Wis. 2d 275, 872 N.W.2d 344; case activity (including briefs)

Reaffirming the long-standing law governing plea withdrawal that was established in State v. Bangert, 131 Wis. 2d 246, 389 N.W.2d 12 (1986), and limiting the reach of two recent cases that muddied the Bangert procedure, the supreme court holds, 5 to 2, that Finley is entitled to withdraw his plea because the circuit court misadvised Finley of the maximum penalty during the plea colloquy and the state failed to prove Finley knew the actual maximum penalty.

State v. Richard J. Sulla, 2016 WI 46, 6/14/16, reversing an unpublished per curiam court of appeals decision; case activity (including briefs)

Sulla entered a plea agreement requiring him to plead “no contest” to two counts and the State to dismiss and “read in” two other counts for purposes of sentencing and restitution. But after he was sentenced to 20 years of imprisonment, Sulla moved for plea withdrawal arguing that he was misinformed of, and did not understand, the effect that a read-in charge could have at sentencing. The circuit court denied the motion without a hearing. Don’t be fooled. SCOW’s decision here affects more than plea withdrawal. It changes appellate procedure.

State v. Stephen LeMere, 2016 WI 41, 05/12/2016,  affirming an unpublished court of appeals decision, case activity (including briefs)

In State v. LeMere, the Wisconsin Supreme Court held that the Sixth Amendment does not require defense counsel to advise a client that conviction for a pending charge of sexual assault could result in future commitment proceedings under chapter 980. The case could be appropriate for certiorari review in the U.S. Supreme Court regarding the scope of the right to counsel.

State v. Miguel Angel Langarica, 2015AP1546, 4/21/16, District 4 (one-judge decision; ineligible for publication); case activity (including briefs)

Langarica’s misunderstanding about whether the conviction would require him to register as a sex offender under Illinois law doesn’t entitle him to withdraw his plea because he didn’t prove the misunderstanding was based on incorrect information from his trial lawyer.