State v. Cynthia Hansen, 2016AP2114-CR, 6/14/17, District 2 (one-judge decision; ineligible for publication); case activity (including briefs) Hansen beat up a car that was marital property between her and her wife. She pled to criminal damage to property of another; on appeal she claims, inventively, that the theft statute gave her the right to do just… Read more
21. Guilty pleas
State v. Julius Lee Sanders, 2014AP2644, 6/6/2017, District 1 (not recommended for publication); case activity (including briefs) Julius Sanders appeals from his judgment of conviction and the denial, without a hearing, of his postconviction motion.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
Juan Esquivel-Quintana v. Jefferson B. Sessions, USSC No. 16-54, 2017 WL 2322840 (May 30, 2017), reversing Esquivel-Quintana v. Lynch, 810 F.3d 1019 (6th Cir. 2016); Scotusblog page (including links to briefs and commentary) A non-citizen convicted of an “aggravated felony” is subject to virtually automatic deportation. 8 U.S.C. § 1227(a)(2)(A)(iii). One of the crimes listed as an… Read more
State v. Richard J. Scott, 2017 WI App 40; case activity (including briefs) Richard Scott seeks to withdraw his pleas to one count of repeated sexual assault of the same child and one count of possessing child pornography. As to the sexual assault count, he was charged under the wrong statute–a prior version. As to… Read more
State v. Shannon Olance Hendricks, 2015AP2429-CR, petition for review granted 5/15/17; review of an unpublished court of appeals decision; case activity (including briefs) Issue (composed by On Point) Do Wisconsin Statute § 971.08(1) and State v. Bangert require that a defendant entering a guilty plea to a crime with alternative modes of commission understand what the state needs… Read more
State v. Eugene B. Santiago, 2016AP1267, District 2, 5/3/17 (not recommended for publication); case activity (including state’s brief) Santiago’s trial lawyer missed a charging error that led to an overstatement of the penalties Santiago faced; this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
State v. Noah M. Sanders, 2016AP2387-CR, 4/27/17, District 4 (one-judge decision; ineligible for publication); case activity (including briefs) The complaint’s summary of the allegations in support of the charges provided a sufficient factual basis for Sanders’s pleas to intimidation of a victim. Sanders was arrested and charged with battery of KL. During the 72-hour no-contact period under… Read more
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
