Pleas & Sentencing – Motion to Withdraw Plea – Ineffective Assistance of Counsel

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Criminal

Supreme Court of Wisconsin

Pleas & Sentencing – Motion to Withdraw Plea – Ineffective Assistance of Counsel

2013-AP-1437 State of Wisconsin v. Hatem M. Shata

An Attorney is required to give correct advice, not speak in absolute terms as it relates to the potential outcome of litigation.

“We conclude that Shata is not entitled to withdraw his guilty plea because he did not receive ineffective assistance of counsel. Specifically, Shata’s attorney did not perform deficiently. Shata’s attorney was required to “give correct advice” to Shata about the possible immigration consequences of his conviction. Padilla, 559 U.S. at 369. Shata’s attorney satisfied that requirement by correctly advising Shata that his guilty plea carried a “strong chance” of deportation. Shata’s attorney was not required to tell him that his guilty plea would absolutely result in deportation. In fact, Shata’s deportation was not an absolute certainty. Executive action, including the United States Department of Homeland Security’s exercise of prosecutorial discretion, can block the deportation of deportable aliens.”

Reversed

ANNETTE KINGSLAND ZIEGLER, J.

Dissenting: BRADLEY, ABRAHAMSON, J.J., dissent. (Opinion Filed.)

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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.