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c. Collateral consequence

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… Read More

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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 §… Read More

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Prosecuting collateral consequences

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… Read More

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State v. Stephen LeMere, 2016 WI 41, 05/12/2016,  affirming an unpublished court of appeals decision, case activity (including briefs) In State v. LeMere, the Wisconsin Supreme Court held that the Sixth Amendment does not require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… Read More

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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… Read More

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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”… Read More

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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… Read More

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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… Read More

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