Wisconsin v. LeMere

The charges of first-degree sexual assault against defendant-appellant Stephen LeMere arose out of events that occurred after a gathering in the Eau Claire on Friday evening, May 13, 2011, at the home of J.C. and his wife, A.C. LeMere was then 24. Also present that evening was C.R.C., J.C.'s 12-year-old sister. During the gathering, LeMere and another visitor drank the majority of two 30 packs of beer, in addition to other alcohol in the house. LeMere also took a narcotic pain killer. Although his memory of the evening became "fuzzy," LeMere recalled playing drinking games throughout the night. Early the next morning, LeMere sent text messages to C.R.C., and when she refused to have sex with her, he placed her in a choke hold, put a knife to her throat, fondled her, and threatened to kill her if she told anyone about what happened. C.R.C. did tell someone about it, and charges were later filed against him. In "Padilla v. Kentucky," (559 U.S. 356 (2010)), the federal Supreme Court held that the Sixth Amendment requires defense counsel to inform a client whether his plea to a criminal charge carries a risk of deportation. Here, the Wisconsin Supreme Court assessed "Padilla" in a different context: did the Sixth Amendment require defense counsel to inform a client about the possibility of civil commitment, under Wis. Stat. ch. 980, when the client entered a plea to a sexually violent offense? LeMere wanted to withdraw his plea, arguing that his trial counsel was ineffective for not informing him of the possibility of civil commitment following the confinement portion of his sentence under Chapter 980. The Wisconsin Court concluded that counsel's performance was not deficient in this case, and affirmed the denial of post-conviction relief. View "Wisconsin v. LeMere" on Justia Law