Pidgeon v. Smith

Dist. Ct. did not err in granting defendant’s habeas petition challenging his guilty plea to sexual assault charge, where defendant alleged that his trial counsel was ineffective for erroneously advising him that his prior aggravated battery conviction was “serious felony” under Wisc. law so as to make him eligible for mandatory life sentence for instant sexual assault charge. Record showed that counsel’s performance was unconstitutionally ineffective, where defendant’s prior aggravated battery conviction did not qualify as “serious felony,” and Dist. Ct. could properly accept defendant’s unrebutted testimony that he would not have entered into guilty plea had he been given accurate advice about status of his prior aggravated battery conviction. Fact that defendant’s trial counsel did not testify at habeas hearing did not require different result, even though Wisc. law required trial counsel to testify at said hearing had hearing been held in Wisc. state court.