State v. Stephanie M. Przytarski, 2014AP1019-CR, District 1, 11/18/14 (1-judge decision; ineligible for publication); case activity Przytarski can’t withdraw her plea even if her trial lawyer erroneously told her that she could appeal the trial court’s pretrial order that barred her from introducing certain evidence to defend against charges of interference with child custody. Charged with violating… Read more
D. Plea withdrawal
State v. David M. Carlson, 2014 WI App 124; case activity Note to trial courts: When ineffective assistance of counsel claims are based what trial counsel said to his client, hold an evidentiary hearing. Note to defense counsel: Data showing the sentences received by defendants charged with the same crimes as your client is about as useful… Read more
State v. Lawrence L. Holmes, 2013AP2342-CR, District 4, 10/30/14 (not recommended for publication); case activity Because Holmes can’t show that the court would have granted his motion to dismiss the misdemeanor charges in the case with prejudice, he hasn’t shown he was prejudiced by trial counsel’s advice to enter into a plea agreement because he was going… Read more
State v. Fernando Ortiz-Mondragon, 2014 WI App 114, petition for review granted 12/18/14, affirmed, 2015 WI 73; case activity Ortiz-Mondragon’s trial counsel wasn’t ineffective under Padilla v. Kentucky, 559 U.S. 356 (2010), for failing to advise Ortiz-Mondragon that his convictions were “crimes involving moral turpitude” (CIMT) and would result in mandatory deportation and a permanent bar on reentry… Read more
State v. Andres Romero-Georgana, 2014 WI 83, 7/23/14, affirming an unpublished court of appeals opinion; majority opinion by Justice Prosser, dissenting opinion by Justice Bradley; case activity Oliver Wendell Holmes said “hard cases make bad law.” This decision proves that simple cases can too. If you thought winning a §974.06 postconviction motion or a §… Read more
State v. Hatem M. Shata, 2013AP1437-CR, District 1, 7/15/14 (not recommended for publication), petition for review granted, 12/18/14, reversed, 2015 WI 74; case activity Trial counsel was ineffective for failing to inform Shata, an Egyptian foreign national, that pleading guilty to possession of more than 1,000 but less than 2,500 grams of THC with intent to deliver would… Read more
State v. John Francis Ferguson, 2014 WI App 48; case activity The circuit court did not erroneously exercise its discretion in denying Ferguson’s plea withdrawal motion, which was based on recantations by two witnesses who had previously said Ferguson fatally shot a man. The circuit judge applied the proper standard under State v. McCallum, 208 Wis… Read more
State v. Ivan Mendez, 2014 WI App 57; case activity When Mendez pleaded guilty to maintaining a drug trafficking place his attorney failed to inform him that a conviction for charge would subject him to automatic deportation from the United States with no applicable exception and no possibility of discretionary waiver. Padilla v. Kentucky, 559 U.S. 356, 363 (2010)… Read more
