Ineffective Assistance of Counsel – Plea Withdrawal

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WI Court of Appeals – District IV

Case Name: State of Wisconsin v. Jeremy L. Wand

Case No.: 2015AP2344-CR

Officials: Kloppenburg, P.J., Lundsten and Blanchard, JJ.

Focus: Ineffective Assistance of Counsel – Plea Withdrawal

Jeremy Wand contends that the circuit court wrongly denied his post-sentencing plea withdrawal motion without an evidentiary hearing. . . After sentencing, Wand filed a motion alleging that plea withdrawal was necessary to correct a “manifest injustice” resulting from the ineffective assistance of his trial attorneys. Wand alleged that his trial attorneys coerced him to plead guilty, that his trial attorneys failed to retain a fire investigation expert to dispute the origin of the fire, and that his trial attorneys failed to retain a police interrogation expert to support a pretrial motion to suppress statements that Wand made to law enforcement shortly after the fire. The circuit court denied the post-sentencing plea withdrawal motion without an evidentiary hearing.

Wand appeals, seeking remand for an evidentiary hearing. We conclude that Wand is not entitled to an evidentiary hearing because his motion seeking a hearing fails to allege sufficient facts that, if true, would entitle him to the relief he seeks. Accordingly, we affirm.

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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.