879 N.W.2d 580
Wis.2016Background
- Defendant Stephen LeMere pleaded guilty to first-degree sexual assault of a child (12 years old) as part of a plea agreement; court sentenced him to 30 years initial confinement and 15 years extended supervision.
- After sentencing, LeMere moved to withdraw his plea claiming ineffective assistance of counsel because his attorney did not advise him that conviction could expose him to civil commitment under Wis. Stat. ch. 980 (sexually violent person commitment).
- The circuit court denied relief, concluding Padilla v. Kentucky (advice about deportation) was limited to immigration consequences; the court of appeals summarily affirmed.
- The Wisconsin Supreme Court granted review to decide whether Padilla's Sixth Amendment rule requiring counsel to advise about deportation extends to Chapter 980 civil commitment.
- Court reviewed Strickland ineffective-assistance standards, Padilla's reasoning (deportation as a "unique" collateral consequence), and procedural/ substantive features of Chapter 980.
- The majority held Chapter 980 commitment is a collateral consequence distinct from deportation and does not trigger a constitutional duty to advise; defendant cannot withdraw plea. A dissent urged extending Padilla to Chapter 980.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Padilla requires counsel to advise about possible civil commitment under Wis. Stat. ch. 980 when pleading to a qualifying sexual offense | LeMere: failure to advise about Chapter 980 commitment was deficient assistance; he would have gone to trial if advised | State/Majority: Padilla applies to deportation only; Chapter 980 is a collateral consequence (not automatic, not "penal" in the same sense, and involves separate proof of dangerousness) | Held: Padilla does not extend to Chapter 980; no Sixth Amendment duty to advise about civil commitment; claim fails |
| Whether Chapter 980 commitment is "automatic" or sufficiently "closely connected" to criminal process to make Padilla applicable | LeMere: eligibility and possible indefinite confinement make commitment closely tied and uniquely severe, like deportation | State/Majority: commitment requires a separate petition, probable-cause and trial on dangerousness; not inevitable and thus collateral | Held: Commitment is not automatic or so enmeshed; therefore distinct from deportation |
| Whether Chapter 980 commitment is a punitive "penalty" (making it more like a direct consequence) | LeMere (dissent): procedural changes and potential lifetime confinement make it effectively punitive and severe | State/Majority: statute is civil, rehabilitative, includes periodic review and procedures protecting release; not a criminal penalty | Held: Court treats Chapter 980 as civil/collateral, not a criminal penalty triggering Padilla rule |
| Whether defendant proved manifest injustice to withdraw plea based on ineffective assistance | LeMere: counsel's omission was prejudicial under Strickland because it affected plea decision | State/Majority: counsel performance was not constitutionally deficient because no duty to advise; thus no prejudice shown | Held: No manifest injustice; postconviction motion denied |
Key Cases Cited
- Padilla v. Kentucky, 559 U.S. 356 (U.S. 2010) (Sixth Amendment requires counsel to advise noncitizen clients about deportation risks of plea)
- Chaidez v. United States, 133 S. Ct. 1103 (U.S. 2013) (Padilla announced a new rule; clarifies Padilla's scope and retroactivity issues)
- Strickland v. Washington, 466 U.S. 668 (U.S. 1984) (ineffective-assistance standard: deficient performance and prejudice)
- Missouri v. Frye, 132 S. Ct. 1399 (U.S. 2012) (effective assistance extends to plea-bargaining process)
- State v. Shata, 364 Wis. 2d 63 (Wis. 2015) (Wisconsin cases construing counsel's obligation regarding immigration advice post-Padilla)