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Guilty Plea Waiver Rule – Generally, Exception for IAC Claim

 State v. Juan F. Milanes, 2006 WI App 259, PFR filed 12/7/06
For Milanes: Joan M. Boyd

Issue/Holding:

¶13      A valid guilty or no contest plea waives all nonjurisdictional defenses to a conviction, including constitutional violations. See State v. Riekkoff, 112 Wis. 2d 119, 122-23, 332 N.W.2d 744 (1983). One exception to this rule is the claim of ineffective assistance of counsel under the Sixth Amendment. State v. Kelty, 2006 WI 101, ¶43, __Wis. 2d__, 716 N.W.2d 886. Thus, though Milanes’ underlying claims involve a Fifth Amendment violation and a statutory defense, the ultimate question on this appeal is not whether these claims were valid, but whether his counsel was ineffective in his handling of them.

 

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