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
B. Procedure and colloquy
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State v. Richard J. Sulla, 2016 WI 46, 6/14/16, reversing an unpublished per curiam court of appeals decision; case activity (including briefs) Sulla entered a plea agreement requiring him to plead “no contest” to two counts and the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
State v. Stephen LeMere, 2016 WI 41, 05/12/2016, affirming an unpublished court of appeals decision, case activity (including briefs) In State v. LeMere, the Wisconsin Supreme Court held that the Sixth Amendment does not require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
State v. Patrick K. Tourville, 2016 WI 17, 3/15/2016, affirming an unpublished court of appeals decision; case activity (including briefs) Patrick Tourville pled to four crimes in a deal that called on the state to recommend a sentence no higher than the one recommended by the PSI. The PSI recommended a prison term for each count; the state recommended… Read more
State v. Jason D. Henderson, 2015AP1740-CR, District I, 3/1/16 (1-judge decision; ineligible for publication); case activity (including briefs) Henderson pled to two misdemeanor repeaters. He now seeks to withdraw his plea on the ground that counsel was ineffective for misinforming him that the two-year maximum sentence on each count was divided into one year of initial confinement and… Read more
State v. Melisa Valadez, 2016 WI 4, 1/28/2016, on certification from the court of appeals; case activity (including briefs) What looked like a case about the meaning of “likely to result in … deportation” has turned into something else entirely: in a fractured decision, the court holds that the defendant has successfully shown she is likely to… Read more
