Legal Opinion

State v. Hadaway

Court of Appeals of Wisconsin

Decided August 14, 2018No. Appeal No. 2017AP1165-CRPublishedCited by 1 opinion

1Opinion of the CourtDugan, J.

*189¶ 1 Sammy Joseph Hadaway appeals the order denying his petition for a writ of coram nobis seeking to withdraw his plea.1 On appeal, Hadaway contends *88that 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.

BACKGROUND

¶ 2 The background…

2Cases cited16 opinions

Maryland v. KingSupreme Court of the United States · 2013
State v. BlalockCourt of Appeals of Wisconsin · 1989
State v. BrownWisconsin Supreme Court · 2006
Chaunte Ott v. City of MilwaukeeCourt of Appeals for the Seventh Circuit · 2012
In re ErnstWisconsin Supreme Court · 1923

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3Cited by1 opinion

Devroy v. BoughtonDistrict Court, E.D. Wisconsin · 2024