2010AP1384-CR, 2010AP1385-CR State v. Smuhl

Listen to this article

Criminal Procedure
Plea withdrawal; ineffective assistance; postconviction discovery

Chad Smuhl appeals a judgment of conviction for two counts of sexual assault of a child under the age of thirteen, contrary to Wis. Stat. § 948.02(1) (2009-10), and from an order of the circuit court denying his motion for postconviction relief. Smuhl, who pled guilty to the charges, now argues that he should be entitled to withdraw his guilty pleas because he did not understand what facts he was admitting and therefore his plea was not knowing and voluntary. Alternatively, he argues that he should be able to withdraw his guilty pleas because his trial counsel was ineffective. In addition, Smuhl contends that the circuit court erred in denying his request for postconviction discovery. We disagree and affirm. This opinion will not be published.

2010AP1384-CR, 2010AP1385-CR State v. Smuhl

Dist III, Trempealeau and Eau Claire County, Damon, J., Per Curiam

Attorneys: For Appellant: Lichstein, Byron C., Madison; For Respondent: Freimuth, James M., Madison; Marsolek, Jeri A., Whitehall

Full Text