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Plea Withdrawal – Coram Nobis
By: Derek Hawkins//September 12, 2018//
Listen to this articleWI Court of Appeals – District I
Case Name: State of Wisconsin v. Sammy Joseph Hadaway
Case No.: 2017AP1165-CR
Officials: Kessler, P.J., Brash and Dugan, JJ.
Focus: Plea Withdrawal – Coram Nobis
Sammy Joseph Hadaway appeals the order denying his petition for a writ of coram nobis seeking to withdraw his plea. On appeal, Hadaway contends that the postconviction court (1) applied an incorrect burden of proof in evaluating his petition, and (2) erred in applying case law regarding perjury as a basis for precluding coram nobis relief in this case. We agree and, therefore, we reverse the order and remand to the postconviction court with instructions to grant the writ of coram nobis, vacate the judgment, and allow Hadaway to withdraw his guilty plea.
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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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