On Point blog, page 4 of 4
State v. Abraham C. Negrete, 2010AP1702, rev. granted 10/25/11
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.
Guilty Pleas: Colloquy – Deportation
State v. Hou Erik Vang, 2010 WI App 118; for Vang: John L. Sesini; BiC; Resp.; Reply
¶1 Hou Vang appeals an order denying his motion to withdraw his no contest pleas to second-degree sexual assault of a child and felony bail jumping. Vang argues WIS. STAT. §§ 971.08(1)(c), (2)[1] entitle him to withdraw his pleas because, although the circuit court provided the statutory deportation warning at his arraignment,
Guilty Pleas – Required Knowledge — Deportation — Detainer Filed in Another Case
State v. Javier Bedolla, 2006 WI App 154, (AG’s) PFR filed 7/26/06
For Bedolla: Susan E. Alesia
Issue: Whether the defendant failed to show likelihood of deportation, so as to entitle him to plea withdrawal under § 971.08(1)(c), where a detainer had already been filed against him in another case which would also subject him to deportation.
Holding:
¶10 What is relevant is that Bedolla,
Guilty Pleas – Required Knowledge – Deportation – Retroactivity of Douangmala
State v. Olayinka Kazeem Lagundoye, 2004 WI 4, affirming 2003 WI App 63
For Lagundoye: Geoffrey Y. Muwonge
Issue/Holding: Holding of State v. Sisakhone S. Douangmala , 2002 WI 62 (non-citizen’s guilty plea invalid if colloquy omits deportation consequences, regardless of whether defendant in fact knows those consequences) does not apply retroactively to defendants who have already exhausted their direct appeals.