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Ineffective Assistance of Counsel – Plea Withdrawal

By: Derek Hawkins//July 5, 2017//

Ineffective Assistance of Counsel – Plea Withdrawal

By: Derek Hawkins//July 5, 2017//

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WI Court of Appeals – District I

Case Name: State of Wisconsin v. Kelsea Santana Smith

Case No.: 2016AP638-CR

Officials: Kessler, Brash and Dugan, JJ.

Focus: Ineffective Assistance of Counsel – Plea Withdrawal

Kelsea Santana Smith appeals from a judgment of conviction for one count of first-degree reckless homicide, as a party to a crime contrary to WIS. STAT. §§ 940.02(1), 939.05 (2015-16). Smith also appeals from an order denying his postconviction motion for a Machner hearing, a withdrawal of his plea or, alternatively, a sentence modification. Smith argues that he should be allowed to withdraw his guilty plea because his trial counsel provided ineffective assistance in multiple ways. Smith additionally asserts that his plea was not knowingly and voluntarily made because the State’s offer of resolution was not placed on the record during Smith’s plea, because the plea was accepted out of fear, and because his attorney made sentencing promises and pressured him into accepting the plea bargain. As an alternative to plea withdrawal, Smith argues that his sentence should be modified because of a new factor relevant to the imposition of his sentence. 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.

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