Review of a published court of appeals decision; case activity (including briefs) Issue (from the State’s petition for review) When a defendant who pleads guilty or no contest is misinformed that the maximum penalty that could be imposed is lower than the maximum actually allowed by law, and the sentence imposed is more than the… Read more
B. Procedure and colloquy
Speaking of Padilla (see below), yesterday the 9th Circuit Court of Appeals held in Dimaya v. Lynch that “the definition of a ‘crime of violence’ – one of over thirty categories of convictions that constitute an ‘aggravated felony’ under federal immigration law – is unconstitutionally void for vagueness.” Click here to see the ImmigrationProf Blog post about the… Read more
This just in: “The Pressure Is On–Criminal Defense Counsel Strategies after Padilla v. Kentucky,” by Bill Ong Hing at the University of San Francisco Law School. When representing an immigrant defendant, trial counsel’s duties are now much more demanding than they were before Padilla. What qualifies as “competent” counsel in these circumstances? Click here for… Read more
State v. Timothy L. Finley, Jr., 2015 WI App 79, petition for review granted, 1/11/16, affirmed, 2016 WI 63; case activity (including briefs) In an important decision addressing how to apply State v. Taylor, 2013 WI 34, 347 Wis. 2d 30, 829 N.W.2d 482, the supreme court’s recent muddling of plea withdrawal standards, the court of… Read more
State v. Martin F. Kennedy, 2015AP475-CR, District 1, 9/29/15 (one-judge decision; ineligible for publication); case activity (including briefs) The circuit court erred in denying Kennedy’s plea withdrawal motion without a hearing, as the record of the plea shows he wasn’t advised about the domestic abuse modifier at the time of his plea and Kennedy alleged… Read more
Percell Dansberry v. Randy Pfister, 7th Circuit Court of Appeals No. 13-3723, 9/15/15 The judge who took Dansberry’s guilty plea understated the mandatory minimum sentence Dansberry faced, and therefore Dansberry’s plea was not entered with a full understanding of the consequences, as required under Boykin v. Alabama, 395 U.S. 238 (1969), and Brady v. United States, 397… Read more
Review of an unpublished per curiam court of appeals decision; case activity Issues (derived from the court of appeals opinion): Whether, in order to get an evidentiary hearing, a defendant’s postconviction motion to withdraw his plea because he did not understand the “read-in” concept must allege that he would have pled differently if he had understood the “read-in”… Read more
State v. Shata, 2015 WI 74, 7/9/15, reversing an unpublished court of appeals decision, 2013AP1437-CR; majority opinion by Ziegler, dissenting opinion by Bradley (joined by Abrahamson); case activity (including briefs) State v. Ortiz-Mondragon, 2015 WI 73, 7/9/15, affirming a published court of appeals decision, 2013AP2435-CR, majority opinion by Justice Ziegler, dissenting opinion by Bradley (joined by… Read more
