On Point: c. Collateral consequence

State v. DeAnthony K. Muldrow, 2017 WI App 47, petition for review granted 10/17/17; case activity (including briefs)

Issue (composed by On Point)

Does lifetime GPS monitoring mandated under § 301.48 constitute “punishment,” thus requiring a judge to advise a defendant that he or she will be subject to the monitoring as a consequence of a guilty or no contest plea?

State v. Santos Lee Hernandez, 2017AP62-CR, 7/11/17, District 1 (1-judge opinion, ineligible for publication); case activity (including briefs)

Hernandez filed a postconviction motion arguing that he pled guilty to lewd and lascivious behavior while he was drunk–so drunk that he incorrectly told the court that he had not consumed alcohol within the previous 24 hours, that he understood the rights he was waiving, and that there was a factual basis for his plea. In rejecting his claim, the court of appeals commits an error that continues to dog postconviction motions.

State v. DeAnthony K. Muldrow, 2017 WI App 47, petition for review granted 10/17/17, affirmed, 2018 WI 52; case activity (including briefs)

Muldrow tried to withdraw his plea to sexual assault charges because the circuit court did not advise him during the plea colloquy that his pleas would subject him to lifetime GPS monitoring under § 301.48. The court of appeals holds that lifetime GPS monitoring isn’t “punishment” and therefore the court wasn’t required to advise Muldrow that he’d be subject to the requirement as a consequence of his pleas.

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State v. Stephen LeMere, 2016 WI 41, 05/12/2016,  affirming an unpublished court of appeals decision, case activity (including briefs)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

Review of a court of appeals summary disposition; case activity

Issue (composed by On Point)

May a defendant seek to withdraw his guilty plea by claiming that his trial lawyer was ineffective for failing to advise him that, as a consequence of his plea, he could be subject to lifetime commitment as a sexually violent person under ch. 980?

State v. Ryan L. Kohlhoff, 2012AP1144-CR, 2/14/13; court of appeals decision (1-judge, ineligible for publication); case activity

Plea withdrawal – information about collateral consequences of plea

Plea colloquy telling Kohlhoff that, if he pled no contest to a misdemeanor crime involving domestic violence, he would “lose [his] right to carry a firearm under federal law” accurately informed Kohlhoff of the collateral consequences of his plea,

Jamerson v. Dep’t of Children and Families, 2013 WI 7

Wisconsin supreme court decision, affirming 2012 WI App 32, 340 Wis. 2d 215, 813 N.W.2d 221

This case is not directly applicable to SPD practice, but it is a useful reminder of the multitudinous collateral consequences that may attend a criminal conviction. Here’s the gist:

¶2   The new [2009] caregiver law [relating to child care licenses] imposes a lifetime ban on licensure,

State v. Mitchell F. Graf, 2012AP1356-CR, District 3, 1/8/13

Court of appeals decision (1 judge; ineligible for publication); case activity

The court of appeals rejects Graf’s plea withdrawal claim, holding: 1)  Graf was not affirmatively misled to believe that by pleading to the offenses he would be able to keep his job because he understood that the circuit court was not bound by any plea agreement and could have sentenced him to imprisonment,

State v. Travis J. Guttu, 2012AP129-CR, District 3/4, 11/28/12

court of appeals decision (not recommended for publication); case activity

After entering guilty pleas to multiple counts, Guttu unsuccessfully sought presentencing plea-withdrawal. After sentencing, he sought to withdraw the pleas on different grounds, more particularly: counsel was ineffective for failing to assert Guttu’s lack of knowledge that his plea to one of the counts (sexual assault) subjected him to potential SVP commitment under ch.