State v. Terrell Antwain Kelly, 2017AP1584, 7/31/18, District 1 (not recommended for publication); case activity (including briefs) Kelly was charged with both a long-ago second-degree sexual assault of a child and several domestic violence counts (the victim was the same). The state offered him a choice between two plea deals: one in which he would… Read more
D. Plea withdrawal
State v. Laron Henry, 2017AP939-CR & 2017AP940-CR, District 1, 6/19/18 (not recommended for publication); case activity (including briefs) Henry sought to withdraw his guilty pleas to three crimes. He claimed that with respect to one of the crimes, he didn’t “ratify” his guilty plea, he didn’t understand one of the elements of the crime, and there… Read more
State v. Harlan L. Schultz, 2017AP2185, 4/26/18, District 4 (one-judge decision; ineligible for publication); case activity (including briefs) Schultz moved under § 974.06 to withdraw his no contest plea to OWI 4th. He argues that his trial lawyer was ineffective for failing to file a motion challenging the traffic stop and that he didn’t understand… Read more
State v. Terrance Lavone Egerson, 2016AP1045-CR, District 1, 2/27/18 (not recommended for publication); case activity (including briefs) Egerson moved to withdraw his pleas, alleging his trial lawyer was ineffective for failing to challenge the domestic abuse repeater enhancers appended to the charges Egerson faced. According to Egerson, those enhancers never applied, so he was overcharged and… Read more
State v. Mario Douglas, 2018 WI App 12; case activity (including briefs) Douglas got inaccurate advice about the prison time he faced if he went to trial instead of taking the State’s plea offer. The inaccurate advice makes his plea invalid. Douglas was charged with two counts of child sexual assault for the same act… Read more
State v. Jose Alberto Reyes Fuerte, 2017 WI 104, reversing a published court of appeals decision, 12/19/17; case activity (including briefs) A judge taking a guilty or no contest plea is required by § 971.08(1)(c) to warn the defendant that if he or she is not a U.S. citizen the plea might result in deportation, inadmissibility, or denial of… Read more
State v. Donald L. White, 2017AP188-CR, 8/23/17, District 2 (1-judge opinion, ineligible for publication); case activity (including briefs) White argued that his plea colloquy was defective because the circuit court did not (1) sufficiently describe the nature of the charge against him, (2) ascertain his education or level of comprehension, especially of the constitutional rights… Read more
State v. Derek Asunto, 2015AP50, 8/8/17, District 2 (recommended for publication); case activity (including briefs) Derek Asunto and the state agreed to resolve several charges by dismissing some and having him plead to others. At the hearing where the deal was announced to the court, he entered a plea to one criminal count. The parties… Read more