Plea Withdrawal

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WI Court of Appeals – District I

Case Name: State of Wisconsin v. Laron Henry

Case No.: 2017AP939-CR; 2017AP940-CR

Officials: Brennan, Brash and Dugan, JJ.

Focus: Plea Withdrawal

Laron Henry appeals two judgments of conviction and an order denying his postconviction motion, claiming that manifest injustice entitles him to withdraw his guilty pleas post-sentencing. Henry pled guilty, as part of plea negotiations, to battery as a repeater, felony intimidation of a witness, and felony bail jumping. He claims there was a manifest injustice because: (1) he did not “ratify” his plea as is required by State v. Cain, 2012 WI 68, ¶26, 342 Wis. 2d 1, 816 N.W.2d 177; (2) he failed to understand the elements of intimidation of a witness, specifically the element of malicious intent; and (3) there was no factual basis for his plea to the intimidation of a witness charge on the malicious intent element because he denied having the requisite intent. Additionally, he contends that the postconviction court erred in denying his postconviction motion without a hearing. For the reasons following, 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.