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D. Plea withdrawal

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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Jae Lee v. United States, USSC No. 16-327, 2017 WL 2694701 (June 23, 2017), reversing Lee v. United States, 825 F.3d 311 (6th Cir. 2016); Scotusblog page (including links to briefs and commentary) Lee’s lawyer told him he would not be deported if he pleaded guilty to a drug charge. His lawyer was wrong, so he performed deficiently… 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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State v. Julius Lee Sanders, 2014AP2644, 6/6/2017, District 1 (not recommended for publication); case activity (including briefs) Julius Sanders appeals from his judgment of conviction and the denial, without a hearing, of his postconviction motion. His motion claimed that his counsel was ineffective for two reasons–he failed to investigate allegations Sanders made about the alleged… Read More

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State v. Eugene B. Santiago, 2016AP1267, District 2, 5/3/17 (not recommended for publication); case activity (including state’s brief) Santiago’s trial lawyer missed a charging error that led to an overstatement of the penalties Santiago faced; this failure doesn’t allow Santiago to withdraw his plea, however, because he fails to sufficiently allege that he would not have… Read More

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Plea withdrawal claims rejected

State v. Erika Lisette Gutierrez, 2014AP1983-CR, 3/7/2017 (not recommended for publication); case activity (including briefs) Gutierrez pleaded guilty to intentional physical abuse of a trial and had a bench trial on her plea of not guilty by reason of mental disease or defect. She asserts she should be allowed to withdraw her guilty plea because… Read More

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State v. William J. Drake, II, 2016AP724-CR, District 4, 2/2/17 (one-judge decision; ineligible for publication); case activity (including briefs) It may be that Drake’s lawyer could have done a better job of looking into and advising him about the possibility his Huber privileges would be revoked, but that doesn’t mean counsel was ineffective. Thus, Drake… Read More

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Petition for review of State v. Jose Alberto Reyes Fuerte, 2016 WI App 78, granted 1/18/2017; case activity (including briefs) Issue presented (from the State’s petition for review): Now that criminal defense attorneys are obligated to advise their clients about the immigration consequences of their pleas, Padilla v. Kentucky, 559 U.S. 356 (2010), should the… Read More

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