Pleas & Sentencing – Plea Withdrawal

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Criminal

WI Court of Appeals – District IV

Officials: BLANCHARD, P.J.

Pleas & Sentencing – Plea Withdrawal

2015AP640-CR State of Wisconsin v. Tammy R. Fullmer

Tammy Fullmer appeals an order of the circuit court denying her postconviction motion to withdraw pleas of no contest to operating while intoxicated-second offense and resisting or obstructing an officer. Fullmer moved for plea withdrawal on the grounds that she would have prevailed at the suppression hearing in this case had her trial counsel not been ineffective in failing to impeach officer testimony on a particular issue at that hearing, and if she had prevailed at the suppression hearing she would not have entered the pleas. In addressing the plea withdrawal motion, the circuit court agreed with Fullmer that her trial counsel had performed deficiently regarding the identified issue at the suppression hearing. However, the court also concluded that Fullmer failed to show that this deficient performance prejudiced Fullmer, based on other credible evidence presented at the suppression hearing.

Decision

Affirmed.

Full Text

Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.