Petition for review of State v. Jose Alberto Reyes Fuerte, 2016 WI App 78, granted 1/18/2017; case activity (including briefs) Issue presented (from the State’s petition for review): Now that criminal defense attorneys are obligated to advise their clients about the immigration consequences of their pleas, Padilla v. Kentucky, 559 U.S. 356 (2010), should the… Read more
3. Required knowledge
State v. Tydis Trinard Odom, 2015AP2525-CR; District 2, 11/9/16; certification refused 1/9/17; case activity (including briefs) Issue: Does the imposition of multiple DNA surcharges constitute “potential punishment” under WIS. STAT. § 971.08(1)(a) such that a court’s failure to advise a defendant about them before taking his or her plea establishes a prima facie showing that… Read more
State v. Brandon E. Jordan, 2015AP2062-CR, 10/6/16, District 4 (1-judge opinion; ineligible for publication); case activity (including briefs) Jordan violated the terms of his Deferred Prosecution Agreement and received a warning letter which resulted in a 6-month extension of the agreement with new conditions. He then violated the conditions of the extension, and was terminated… Read more
State v. Jose Alberto Reyes Fuerte, 2016 WI App 78, petition for review granted 1/18/2017, reversed, 2017 WI 104; case activity (including briefs) This decision is important to anyone who litigates claims for plea withdrawal under § 971.08(2) because it helps clarify the law in two ways. First, it provides two examples of a circuit court’s failure to comply… Read more
The Immigration Professors Blog says Arias v. Lynch, No. 14-2839 (7th Cir. 8/2/4/16) would be the “hand down winner” of the “immigration case of the week,” if such a category existed. It highlights the confusion in federal courts over how to define a crime involving moral turpitude a.k.a “CIMT.” Or you can just skip to… 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. Timothy L. Finley, Jr., 2016 WI 63, affirming a published court of appeals decision, 2015 WI App 79, 365 Wis. 2d 275, 872 N.W.2d 344; case activity (including briefs) Reaffirming the long-standing law governing plea withdrawal that was established in State v. Bangert, 131 Wis. 2d 246, 389 N.W.2d 12 (1986), and limiting the reach… Read more
State v. Richard J. Sulla, 2016 WI 46, 6/14/16, reversing an unpublished per curiam court of appeals decision; case activity (including briefs) Sulla entered a plea agreement requiring him to plead “no contest” to two counts and the State to dismiss and “read in” two other counts for purposes of sentencing and restitution. But after… Read more
