Padilla v. Kentucky, USSC No. 08-651, 3/31/10 In sum, we have long recognized that the negotiation of a plea bargain is a critical phase of litigation for purposes of the Sixth Amendment right to effective assistance of counsel. Hill , 474 U. S., at 57; see also Richardson , 397 U. S., at 770–771. The severity of… Read more
c. Collateral consequence
State v. Joseph E. Koll, Jr., 2009 WI App 74, PFR filed 4/29/09 For Koll: Alexander L. Ullenberg Issue: Whether Koll’s conviction of so-called “non-domestic” disorderly conduct was for a misdemeanor crime of domestic violence as defined 18 U.S.C. §921(a)(33)(A), so as to preclude him from obtaining a handgun. Holding: The federal Gun Control Act… Read more
State v. Jarmal Nelson, 2005 WI App 113 For Nelson: Wm. J. Tyroler, SPD, Milwaukee Appellate Issue/Holding: Given that the record established Nelson’s ignorance of the potential for commitment as a sexually violent person (ch. 980) as a result of his guilty pleas, the trial court’s conclusion that he presented a “fair and just” reason… Read more
State v. Richard C. Plank, 2005 WI App 109 For Plank: Jamy Richard Johansen Issue: Whether a voluntary guilty plea to a TIS offense requires knowledge of ineligibility for parole or good-time credit. Holding: ¶15 Plank contends that because Byrge holds that parole eligibility is a direct consequence, the lack of parole eligibility under truth-in-sentencing… Read more
State v. Kenneth V. Harden, 2005 WI App 252 For Harden: Ralph Sczygelski Issue/Holding: Misinformation with respect to the maximum punishment (defendant was told the maximum was 19 years, 6 months when the correct maximum was 16 years) necessarily renders the guilty plea invalid, without regard to whether the misinformation affected the decision to plead… Read more
State v. Charles Brown, 2004 WI App 179 For Brown: John J. Grau Issue: Whether a plea bargain that cannot be fulfilled results in an unknowing and involuntary plea, notwithstanding that the terms incapable of fulfillment are collateral consequences of the plea (sex offender registration and SVP eligibility). Holding: ¶6 … (S)ince Brown’s misunderstanding involved… Read more
State v. Hank J. Merten, 2003 WI App 171 For Merten: Dana W. Duncan Issue/Holding: ¶8. Accordingly, the resolution of this appeal requires us to determine whether the effect of 42 U.S.C. § 1320a-7(a)(4), which excludes individuals convicted of a felony related to a controlled substance from participating in federal health care programs, is a… Read more
State v. Paul Delao Quiroz, 2002 WI App 52 For Quiroz: Chad G. Kerkman Issue:Whether defendant was entitled to withdraw his plea on the basis that he was unaware of the three-year presumptive minimum sentence on the weapon enhancer. Holding: ¶25 Both the complaint and the information contained the dangerous weapon enhancer and set forth… Read more
