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WI Supreme Court Adopts Realistic Plea Withdrawal Standard for Migrants Facing Inadmissibility Based on Criminal Conviction

By: Sarah Flinn The Wisconsin Supreme Court recently held that a migrant defendant is permitted to withdraw a guilty plea if she is able to show that the judge presiding over the plea hearing failed to notify her of “likely” adverse immigration consequences of conviction, as required by state statute, and that the guilty plea is now “likely” to result in adverse immigration consequences. State v. Valadez, Nos. 2014AP678, 2014AP679, 2014AP680, 2016 WL 325524, at *2, *6 (Wis. Jan. 28, 2016). In contrast to previous Wisconsin caselaw regarding the burden of proof required to show “likely” [...]

Posted by César on March 1, 2016 on 4:00 am Leave a Comment
Filed Under: admission, Due Process Clause, guest blogger, state court, Wisconsin state court

WI Supreme Court guts Padilla v. Kentucky

In two cases released the same day, the Wisconsin Supreme Court made it much more difficult for migrants to demand the effective assistance of counsel that the Sixth Amendment entitles them and all defendants in criminal prosecutions to receive. See Padilla v. Kentucky, 559 U.S. 356 (2010). In the process, the court revealed serious misunderstandings of constitutional law and a subtle but perceptible inclination toward rightwing legal claims credited by federal judge Andrew Hanen who presided over major attacks against President Obama’s immigration executive actions. Both decisions begin [...]

Posted by César on July 21, 2015 on 4:00 am 2 Comments
Filed Under: Padilla v. Kentucky, post-conviction relief, right to counsel, state court, Wisconsin state court

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