On Point: c. Collateral consequence

Holder v. Carlos Martinez Gutierrez, USSC No. 10-1542, 5/21/12, reversing 411 Fed. Appx. 121 and 399 Fed. Appx. 313

The Attorney General has discretion under 8 U.S.C. §1229b(a) to allow otherwise-removable aliens to remain in the U.S., if the alien satisfies three criteria: minimum of five years as a lawful permanent resident; continuous residence in the U.S. for at least seven years after lawful admission,

on review of summary order (District 2); for Negrete: Jeffrey W. Jensen; case activity

Plea Withdrawal – Collateral Attack – Deportation Consequences 

Issues (Composed by On Point):

1. Whether the laches doctrine bars Negrete’s motion to withdraw his guilty plea, 18 years after he entered it.

2. Whether Negrete’s assertion that he didn’t know his plea exposed him to deportation entitles him to a hearing on his motion.

State v. Kurt D. Neis, No. 2009AP1287-CR, District IV, 7/15/10

court of appeals decision (1-judge, not for publication); for Neis: Jacquelyn L. Wolter; BiC; Resp.; Supp. Resp.

Guilty Pleas – Collateral Consequence – Federal Gun Ban

Although Neis’s guilty plea to disorderly conduct, § 947.01, subjected him to the automatic federal firearm ban given the circuit court’s finding that the conduct related to domestic violence,

7th circuit court of appeals decision (en banc)

Second Amendment – Categorical Ban on Possession

Categorical legislative bans on gun possession are permissible under the second amendment, including those for convictions of misdemeanor crimes of domestic violence per 18 U.S.C. § 922(g)(9), which the court now upholds.

District of Columbia v. Heller, 128 S. Ct. 2783 (2008) and McDonald v. Chicago,

Padilla v. Kentucky, USSC No. 08-651, 3/31/10

In sum, we have long recognized that the negotiation of a plea bargain is a critical phase of litigation for purposes of the Sixth Amendment right to effective assistance of counsel. Hill , 474 U. S., at 57; see also Richardson , 397 U. S., at 770–771. The severity of deportation—“the equivalent of banishment or exile,” Delgadillo v.

State v. Joseph E. Koll, Jr., 2009 WI App 74, PFR filed 4/29/09
For Koll: Alexander L. Ullenberg

Issue: Whether Koll’s conviction of so-called “non-domestic” disorderly conduct was for a misdemeanor crime of domestic violence as defined 18 U.S.C. §921(a)(33)(A), so as to preclude him from obtaining a handgun.

Holding: The federal Gun Control Act bars gun possession to anyone convicted of a “misdemeanor crime of domestic violence,” 18 U.S.C.

State v. Jarmal Nelson, 2005 WI App 113
For Nelson: Wm. J. Tyroler, SPD, Milwaukee Appellate

Issue/Holding: Given that the record established Nelson’s ignorance of the potential for commitment as a sexually violent person (ch. 980) as a result of his guilty pleas, the trial court’s conclusion that he presented a “fair and just” reason for pre-sentencing plea withdrawal is sustained:

¶14      In determining whether the trial court properly determined that a fair and just reason was established,

State v. Richard C. Plank, 2005 WI App 109
For Plank: Jamy Richard Johansen

Issue: Whether a voluntary guilty plea to a TIS offense requires knowledge of ineligibility for parole or good-time credit.

Holding:

¶15      Plank contends that because Byrge holds that parole eligibility is a direct consequence, the lack of parole eligibility under truth-in-sentencing is also a direct consequence.

State v. Kenneth V. Harden, 2005 WI App 252
For Harden: Ralph Sczygelski

Issue/Holding: Misinformation with respect to the maximum punishment (defendant was told the maximum was 19 years, 6 months when the correct maximum was 16 years) necessarily renders the guilty plea invalid, without regard to whether the misinformation affected the decision to plead guilty, ¶¶5-6, effectively overruling State v. Paul Delao Quiroz,

State v. Charles Brown, 2004 WI App 179
For Brown: John J. Grau

Issue: Whether a plea bargain that cannot be fulfilled results in an unknowing and involuntary plea, notwithstanding that the terms incapable of fulfillment are collateral consequences of the plea (sex offender registration and SVP eligibility).
Holding:

¶6 … (S)ince Brown’s misunderstanding involved the collateral consequences of his pleas,2 the State contends that Brown cannot prove that his pleas were not knowing and voluntary.