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
c. Collateral consequence
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of publication and has already generated a petition for review (from an earlier version of the opinion, which was withdrawn and has now been replaced).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. 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
State v. Santos Lee Hernandez, 2017AP62-CR, 7/11/17, District 1 (1-judge opinion, ineligible for publication); case activity (including briefs) Hernandez filed a postconviction motion arguing that he pled guilty to lewd and lascivious behavior while he was drunk–so drunk that he incorrectly told the court that he had not consumed alcohol within the previous 24 hours… Read more
State v. DeAnthony K. Muldrow, 2017 WI App 47, petition for review granted 10/17/17, affirmed, 2018 WI 52; case activity (including briefs) Muldrow tried to withdraw his plea to sexual assault charges because the circuit court did not advise him during the plea colloquy that his pleas would subject him to lifetime GPS monitoring under §… Read more
A prosecutor’s exercise of discretion can trigger or avoid collateral consequences for your client. This new law review article analyzes how and why prosecutors make these decisions… Read more
State v. Stephen LeMere, 2016 WI 41, 05/12/2016, affirming an unpublished court of appeals decision, case activity (including briefs) In State v. LeMere, the Wisconsin Supreme Court held that the Sixth Amendment does not require defense counsel to advise a client that conviction for a pending charge of sexual assault could result in future commitment… Read more
Review of a court of appeals summary disposition; case activity Issue (composed by On Point) May a defendant seek to withdraw his guilty plea by claiming that his trial lawyer was ineffective for failing to advise him that, as a consequence of his plea, he could be subject to lifetime commitment as a sexually violent person under… Read more
