Plea Withdrawal – Ineffective Assistance of Counsel

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WI Court of Appeals – District I

Case Name: State of Wisconsin v. George E. Savage

Case No.: 2019AP90-CR

Officials: Brash, P.J., Kessler and Dugan, JJ.

Focus: Plea Withdrawal – Ineffective Assistance of Counsel

George E. Savage appeals the judgment of conviction, following his guilty plea to one count of violation of the sex offender registry statute. He also appeals the order denying his postconviction motion. Savage argues that the trial court erred in denying his postconviction motion to withdraw his guilty plea because Savage established that, due to the constitutionally ineffective assistance of his trial counsel, his guilty plea was not knowing, voluntary, and intelligent.

We conclude that the trial court misconstrued our supreme court’s holding in State v. Dinkins and, as a result, it failed to properly analyze Savage’s allegation that trial counsel was ineffective. See id., 2012 WI 24, 339 Wis. 2d 78, 810 N.W.2d 787. Therefore, we reverse the trial court’s order and remand this matter with directions that the trial court make proper findings of fact and properly analyze Savage’s ineffective assistance of counsel claim in light of our discussion regarding Dinkins.

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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.