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Plea Withdrawal

By: Derek Hawkins//December 28, 2017//

Plea Withdrawal

By: Derek Hawkins//December 28, 2017//

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WI Court of Appeals – District I

Case Name: State of Wisconsin v. Nigel J. Smith

Case No.: 2016AP1570-CR

Officials: Kessler, Brash and Dugan, JJ.

Focus: Plea Withdrawal

Nigel J. Smith appeals a judgment of conviction and the portion of a postconviction order that, following a hearing, denied his motion for plea withdrawal. He also appeals the portion of a second postconviction order that denied reconsideration of his plea withdrawal motion. We conclude that the circuit court erred by refusing Smith’s requests to present additional testimony at the postconviction hearing after he improvidently rested his case. We affirm the judgment but we partially reverse the postconviction orders, and we remand for further proceedings.

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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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