On Point blog, page 1 of 1
§ 974.06 Motion: Laches Inapplicable; Newly Discovered Evidence: Generally – Third-Party Guilt (“State v. Denny” Test)
State v. Terry G. Vollbrecht, 2012 WI App 90 (recommended for publication); case activity
§ 974.06 Motion – Laches Inapplicable
¶17 n. 14:
While we acknowledge the State’s argument that Vollbrecht’s Wis. Stat. § 974.06 motion is barred by laches and its request that we certify the issue to the supreme court, we decline the State’s invitation. The State concedes that the supreme court has previously held that laches does not apply under § 974.06.
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.