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Plea Withdrawal

By: Derek Hawkins//July 17, 2019//

Plea Withdrawal

By: Derek Hawkins//July 17, 2019//

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WI Supreme Court

Case Name: State of Wisconsin v. Tyrus Lee Cooper

Case No.: 2019 WI 73

Focus: Plea Withdrawal

Mr. Tyrus Lee Cooper moved the circuit court, prior to sentencing, to withdraw his guilty plea. The circuit court refused his request. Two years later, we disciplined his attorney (Michael J. Hicks) for professional misconduct that included his handling of Mr. Cooper’s defense. Mr. Cooper believes our opinion in that disciplinary proceeding proved his counsel had provided ineffective assistance in his criminal case. That, he says, is a “fair and just reason” for withdrawing his plea. We disagree.

Affirmed

Concur:

Dissent: DALLET, J. dissents, joined by A.W. BRADLEY, J. (opinion filed).

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Derek A Hawkins is trademark corporate counsel for Harley-Davidson. Hawkins oversees the prosecution and maintenance of the Harley-Davidson’s international trademark portfolio in emerging markets.

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