Legal Opinion · Dissent

State v. Negrete

Wisconsin Supreme Court

Decided July 12, 2012No. 2010AP1702Published

1DissentShirley S. Abrahamson, C.J.

¶ 42. {dissenting). Wisconsin Stat. § 971.08(2) provides remedies when a circuit court fails to give a defendant the warnings about the immigration consequences resulting from a guilty or no contest plea.1 It provides, in relevant part, as follows:

If a court fails to advise a defendant as required by sub. (l)(c) and a defendant later shows that the plea is likely to result in the defendant's deportation, exclusion from admission to this country or denial of naturalization, the court on the defendant's motion shall vacate any applicable judgment against the defendant and permit the defendant…

2Cases cited27 opinions

  1. Conley v. GibsonSupreme Court of the United States · 1957
  2. Penson v. OhioSupreme Court of the United States · 1988
  3. Polk County v. DodsonSupreme Court of the United States · 1981
  4. Padilla v. KentuckySupreme Court of the United States · 2010
  5. MacKey v. MontrymSupreme Court of the United States · 1979

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