State v. Kody K. Johnson, 2019AP1058-CR, District 4, 1/9/19, (1-judge opinion, ineligible for publication); case activity (including briefs) Johnson accepted a negotiated disposition of 3 contempt charges stemming from his interference with child custody. He then moved to withdraw his plea arguing that the charges had no factual basis and were multiplicitous. At the plea… Read More
B. Procedure and colloquy
According to a cert petition that SCOTUSblog has named a “petition of the week,” courts are split on this issue. See the question presented below. This petition is pending (not granted). We’ll keep you posted on its status. In Padilla v. Kentucky, 559 U.S. 356 (2010) and Lee v. United States, 137 S. Ct. 1958… Read More
James P. Moran v. Wisconsin Department of Justice, 2019 WI App 38; case activity (including briefs) James Moran was convicted of a felony in Virginia. That state has a procedure by which a person can petition to have his or her right to own a gun restored, and Moran’s petition was successful. So he can buy… Read More
State v. Javien Cajujuan Pegeese, 2019 WI 60, 5/31/19, review of an unpublished court of appeals decision; case activity (including briefs) Pegeese pleaded guilty to a robbery and received probation. He later sought plea withdrawal, asserting the circuit court’s colloquy had been deficient because it didn’t inform him of the constitutional rights he was waiving… Read More
State v. Corey R. Fugere, 2019 WI 33, 3/28/19, affirming a published court of appeals decision; case activity (including briefs) Pretend you’re a defendant trying to decide whether to enter a plea. You know that maximum term of imprisonment you face. You also know that pleading NGI is one of your options. However, the circuit… Read More
State v. Javien Cajujuan Pegeese, 2017AP741-CR, petition for review of a per curiam opinion granted 1/15/19; affirmed 5/31/19; case activity (including briefs) Issue: Whether the circuit court’s failure to personally insure that the defendant understood each constitutional right waived by his guilty plea entitled him to a Bangert evidentiary hearing to determine whether his plea… Read More
State v. Dionte J. Nowels, 2018AP1171-CR, 1/8/19, District 1 (not recommended for publication); case activity (including briefs) Nowels pled guilty to hit and run. He later sought plea withdrawal because during his colloquy the trial court failed to state 2 of the crime elements that the State would be required to prove at trial. The… Read More
Hatem M. Shata v. Denise Symdon, No. 16-CV-574 (E.D. Wis. Dec. 12, 2018) Shata’s case was one of two our supreme court decided on the same day–both held counsel not ineffective for failing to give accurate advice on immigration consequences. You can see our prior post for the facts and our analysis of those decisions… Read More