On February 28, 2018, the court of appeals ordered the publication of the following criminal law related decisions: State v. Marcos Rosas Villegas, 2018 WI App 9 (addressing guilty plea waiver rule and holding lawyers need not advice clients about DACA consequences of plea) State v. Mario Douglas, 2018 WI App 12 (inaccurate advice about… Read more
B. Published opinions
State v. Corey R. Fugere, 2018 WI App 24, affirmed, 2019 WI 33; case activity (including briefs) Because civil commitment is neither punishment nor a direct consequence of a guilty or no contest plea, a defendant entering an NGI plea does not have to be advised during the plea colloquy of the maximum term of… Read more
State v. Marquis T. Williams, 2018 WI App 20; case activity (including briefs) Williams, a prison inmate, objected to DOC deducting funds from his prison account to pay the restitution ordered in his criminal case. He asked the sentencing judge to order DOC to stop but the sentencing judge declined. The court of appeals affirms… Read more
On January 31, 2018, the court of appeals ordered the publication of the following criminal law related decisions: State v. Antonio A. Johnson, 2018 WI App 2 (defendant entitled to a day of credit for portion of a day spent in custody) State v. Taran Q. Raczka, 2018 WI App 3 (whether defendant was negligent in… Read more
State v. Marcos Rosas Villegas, 2018 WI App 9; case activity (including briefs) This opinion resolves 2 issues worthy of publication and has already generated a petition for review (from an earlier version of the opinion, which was withdrawn and has now been replaced). According to the court of appeals, an attorney does not perform deficiently… Read more
State v. Mario Douglas, 2018 WI App 12; case activity (including briefs) Douglas got inaccurate advice about the prison time he faced if he went to trial instead of taking the State’s plea offer. The inaccurate advice makes his plea invalid. Douglas was charged with two counts of child sexual assault for the same act… Read more
Kewaunee County DHS v. R.I., 2018 WI App 7; case activity Following the lead of the U.S. Supreme Court, the court of appeals holds that the additional fact finding mandated in TPR proceedings involving an Indian child don’t apply when the parent never had physical or legal custody of the child. The federal Indian Child… Read more
State v. Taran Q. Raczka, 2018 WI App 3; case activity (including briefs) This is an interlocutory appeal. Raczka is charged with homicide by intoxicated use of a vehicle and reckless homicide; he crashed his car into a tree on the way to work in the morning and his passenger was killed. A blood test… Read more