Plea Withdrawal- Ineffective Assistance of Counsel

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WI Court of Appeals – District I

Case Name: State of Wisconsin v. Keaira N. Walker

Case No.: 2022AP001887-CR

Officials: White, C.J., Donald, P.J., and Geenen, J.

Focus: Plea Withdrawal- Ineffective Assistance of Counsel

According to the criminal complaint, on May 8, 2019, O.E. entered Walker’s vehicle as part of an arranged drug sale and informed her that “he only wanted to spend $40 and not the whole $200” that he discussed when they arranged the meeting. When O.E. refused to give Walker the $200, she pulled out a gun. After O.E. attempted to leave the vehicle and Walker and O.E. struggled over control of the gun, Walker shot O.E. O.E. fell out of the vehicle and he was pronounced dead at the scene. Walker was charged with two counts: felony murder and possession of a firearm by a felon.

Walker appeals her judgment, entered upon a guilty plea, for second-degree reckless homicide with the use of a dangerous weapon, and the order denying her motion for postconviction relief without an evidentiary hearing. Walker argues that the circuit court erred when it denied her presentencing motion to withdraw her plea. Further, she argues that she was denied the effective assistance of counsel because she believed trial counsel’s alleged guarantee of a specific sentence. Walker has failed to make a showing of prejudice arising out of trial counsel’s deficient performance. The appeals court concludes that the circuit court did not erroneously exercise its discretion when it denied Walker’s presentencing plea withdrawal motion without a hearing. It also concludes that the postconviction court did not erroneously exercise its discretion when it denied her postconviction motion without a hearing.

Affirmed.

Decided 01/09/24

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