State v. Ryan L. Kohlhoff, 2012AP1144-CR, 2/14/13; court of appeals decision (1-judge, ineligible for publication); case activity Plea withdrawal – information about collateral consequences of plea Plea colloquy telling Kohlhoff that, if he pled no contest to a misdemeanor crime involving domestic violence, he would “lose [his] right to carry a firearm under federal law”… Read more
B. Procedure and colloquy
Chaidez v. United States, USSC No. 11-820, affirming 655 F.3d 684 (7th Cir. 2011) Issue: We know that Padilla v. Kentucky, 559 U.S. 356 (2010) requires counsel to advise a defendant about the risk of deportation arising from a guilty plea. The question presented by Chaidez is whether or not that rule applies retroactively so… Read more
Jamerson v. Dep’t of Children and Families, 2013 WI 7 Wisconsin supreme court decision, affirming 2012 WI App 32, 340 Wis. 2d 215, 813 N.W.2d 221 This case is not directly applicable to SPD practice, but it is a useful reminder of the multitudinous collateral consequences that may attend a criminal conviction. Here’s the gist… Read more
State v. Mitchell F. Graf, 2012AP1356-CR, District 3, 1/8/13 Court of appeals decision (1 judge; ineligible for publication); case activity The court of appeals rejects Graf’s plea withdrawal claim, holding: 1) Graf was not affirmatively misled to believe that by pleading to the offenses he would be able to keep his job because he understood that… Read more
Question presented Whether the court of appeals erred in holding that any degree of judicial participation in plea negotiations, in violation of Federal Rule of Criminal Procedure 11(c)(1), automatically requires vacatur of a defendant’s guilty plea, irrespective of whether the error prejudiced the defendant. Lower court opinion (United States v. Davila, 664 F.3d 1355 (11th Cir. 2011) (per… Read more
State v. Justin L. Garrett, Case No. 12AP1341-CR, District 2, 12/19/12 Court of appeals decision (1 judge; ineligible for publication); case activity Garrett failed to make a prima facie showing that his plea colloquy was defective, so his motion to withdraw plea was properly denied without an evidentiary hearing: ¶10 Garrett argues that he did not… Read more
State v. Mark A. Gierczak, 2012AP965-CR, District 4, 12/13/12 court of appeals decision (1 judge; ineligible for publication); case activity For purposes of obstructing an officer § 946.41, “officer” includes someone with authority “to take another into custody,” and therefore includes a correctional officer at a county jail, ¶¶11-12. The court of appeals thus rejects Gierczak’s challenge to the factual… Read more
State v. Robert Edwin Burkhardt, 2009AP2174-CR, District 1/4, 12/6/12 court of appeals decision (not recommended for publication); case activity Search & Seizure – Consent Consent to search isn’t vitiated by nonpretextual threat to obtain a search warrant: ¶16 … (I)t is well established that, “[t]hreatening to obtain a search warrant does not vitiate consent if ‘the… Read more
