State v. Abraham C. Negrete, 2012 WI 92, affirming summary order; case activity Negrete’s motion to withdraw his 1992 guilty plea, on the ground that he wasn’t personally advised of deportation consequences, § 971.08(2), was denied by the circuit court without a hearing. The court upholds that result: ¶2 In support of his motion, Negrete stated in an affidavit that… Read more
21. Guilty pleas
State v. Lee Roy Cain, 2012 WI 68, affirming unpublished decision; case activity Post-Sentencing Plea-Withdrawal, Generally When a defendant satisfies the burden of showing, by clear and convincing evidence, the existence of a “manifest injustice,” the plea should be withdrawn as a matter of right: ¶26 … State v. Daley sets out the following list of circumstances where manifest… Read more
State v. Matthew J. Laughrin, 2011AP1600-CR, District 1, 6/12/12 court of appeals decision (not recommended for publication); case activity Laughrin, after pleading guilty to second-degree reckless homicide for providing a controlled substance (Suboxone) to someone who died after ingesting it, sought pre-sentencing plea-withdrawal on the basis of an expert’s report that Suboxone alone generally doesn’t cause death. The trial… Read more
State v. Laurence W. Tucker, 2012 WI App 67 (recommended for publication); for Tucker: Robert T. Ruth; case activity Tucker pleaded guilty pursuant to plea bargain, which terms included continuation of his release on bond and compliance with same. After Tucker failed to appear at sentencing, necessitating his arrest on a bench warrant and issuance… Read more
Holder v. Carlos Martinez Gutierrez, USSC No. 10-1542, 5/21/12, reversing 411 Fed. Appx. 121 and 399 Fed. Appx. 313 The Attorney General has discretion under 8 U.S.C. §1229b(a) to allow otherwise-removable aliens to remain in the U.S., if the alien satisfies three criteria: minimum of five years as a lawful permanent resident; continuous residence in the U.S. for at least seven… Read more
Lafler v. Anthony Cooper, USSC No. 10-209, 3/21/12, vacating and remanding, 376 Fed. Appx. 563 (6th Cir. 2010); prior post; companion case: Missouri v. Frye, 10-444 Cooper turned down a favorable plea bargain and instead went to trial, after his attorney erroneously told him the prosecution would be unable to establish intent to kill because… Read more
United States Supreme Court decision, vacating and remanding, 311 S.W.2d 350 (Mo. App. W.D. 2010); prior post; companion case: Lafler v. Cooper, 10-209 Counsel – Effective Assistance – Plea Bargaining Counsel’s failure to communicate to Frye a favorable plea bargain offer from the prosecutor was deficient performance under 6th amendment analysis of effective assistance of counsel. Frye’s… Read more
court of appeals certification; for Taylor: Shelley Fite, SPD, Madison Appellate; case activity; prior post Issue (from Certification): Whether understating the potential penalty during a plea colloquy can properly be deemed harmless error, and if so, where in the analytical framework of Bangert such a determination should be made. The guilty plea court misinformed Taylor that the maximum… Read more
