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Pleas and Sentencing – Motion to Withdraw

By: Derek Hawkins//July 14, 2015//

Pleas and Sentencing – Motion to Withdraw

By: Derek Hawkins//July 14, 2015//

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Criminal

WI Court of Appeals – District III

Officials: Hoover, P.J., Stark and Hruz, JJ.

Pleas and Sentencing – Motion to Withdraw

2014AP1937 State of Wisconsin v. Darryl Wayne Pruett

Darryl Pruett appeals an order denying his WIS. STAT. § 974.06 (2013-14) motion to withdraw his guilty pleas to sexual assault of a child and repeated sexual assault of the same child.2 He argues: (1) the circuit court judge should have recused himself because of bias; (2) his trial counsel was ineffective for failing to present a defense of not guilty by reason of mental disease or defect (NGI); and (3) Pruett established sufficient reason to allow him to raise the ineffective assistance of counsel claim despite the procedural bar set forth in State v. Escalona-Naranjo, 185 Wis. 2d 168, 181-82, 517 N.W.2d 157 (1994). We reject these arguments and affirm the order.

Holding

Affirmed. Per Curiam.

Full Text


Attorney Derek A. Hawkins is the managing attorney 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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