State v. Erik M. Smith, 2016AP2453-CR, District 3, 2/13/18 (not recommended for publication); case activity (including briefs) The body of Eric Volp, a resident of Michigan when he disappeared, was found in a creek in Marinette County. After a long investigation Smith was eventually charged in Marinette County with killing Volp by running over him with… Read more
21. Guilty pleas
State v. Amanda L. Longley, 2017AP659-CR, District 4, 2/8/18 (1-judge opinion. ineligible for publication); case activity (including briefs) The court of appeals here answers this questions “no,” based on SCOW’s recent and narrow reading of Padilla in State v. Le Mere, 2016 WI 41, 368 Wis. 2d 624, 879 N.W.2d 580. See Mike Tobin’s post… 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of publication and has already generated a petition for review (from an earlier version of the opinion, which was withdrawn and has now been replaced).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
State v. Jose Alberto Reyes Fuerte, 2017 WI 104, reversing a published court of appeals decision, 12/19/17; case activity (including briefs) A judge taking a guilty or no contest plea is required by § 971.08(1)(c) to warn the defendant that if he or she is not a U.S. citizen the plea might result in deportation, inadmissibility, or denial of… Read more
State v. DeAnthony K. Muldrow, 2017 WI App 47, petition for review granted 10/17/17; case activity (including briefs) Issue (composed by On Point) Does lifetime GPS monitoring mandated under § 301.48 constitute “punishment,” thus requiring a judge to advise a defendant that he or she will be subject to the monitoring as a consequence of a… Read more
McCoy v. Louisiana, USSC No. 16-8255, cert granted 9/28/17 Question presented: Is it unconstitutional for defense counsel to concede an accused’s guilt over the accused’s express objection? Decision below: State v. McCoy, 218 So.3d 535 (La. 2016) USSC Docket Scotusblog page (including links to cert petition and responses; briefs; and commentary) You’d think the answer… Read more
State v. Donald L. White, 2017AP188-CR, 8/23/17, District 2 (1-judge opinion, ineligible for publication); case activity (including briefs) White argued that his plea colloquy was defective because the circuit court did not (1) sufficiently describe the nature of the charge against him, (2) ascertain his education or level of comprehension, especially of the constitutional rights… Read more
