State v. Fuerte

State v. Douangmala, 646 N.W.2d 1, was objectively wrong because it failed properly to consider the harmless error statutes, Wis. Stat. 971.26 and 805.18, and is thus overruled. At issue in this case was whether Defendant’s motions to withdraw two guilty pleas for two separate criminal violations should be subject to harmless error analysis pursuant to Wis. Stat. 971.26 and 805.18. In his motions filed pursuant to section 971.08(2) Defendant argued that the circuit court’s immigration consequences advisement was defective and that his guilty plea resulted in losing the cancellation of removal defense. The circuit court denied the motions, finding that the immigration consequences advisement substantially complied with section 971.08(1)(c). The court of appeals reversed, concluding that the immigration consequences advisement did not substantially comply with the statute. The Supreme Court reversed, holding (1) applying the harmless error analysis to this case, the circuit court’s errors were harmless as a matter of law; and (2) therefore, Defendant was not entitled to withdraw his guilty pleas. View "State v. Fuerte" on Justia Law

Posted in: Criminal Law

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