State v. Matthew Robert Mayotte, 2022AP1695, 1/23/24, District 3 (not recommended for publication); case activity (including briefs) Given the state of the postconviction record and COA’s narrow reading of precedent, Mayotte fails to establish he is entitled to plea withdrawal given his misunderstanding of the consequences of his Alford plea. This is probably one of the… Read more
c. Collateral consequence
State v. Anthony M. Schmidt, 2021 WI 65, 6/18/21, on bypass from the court of appeals; case activity (including briefs) “We also conclude that the child pornography surcharge applies to images of child pornography that form the basis of read-in charges of sexual exploitation of a child or possession of child pornography, so long as… Read more
According to a cert petition that SCOTUSblog has named a “petition of the week,” courts are split on this issue. See the question presented below. This petition is pending (not granted). We’ll keep you posted on its status. In Padilla v. Kentucky, 559 U.S. 356 (2010) and Lee v. United States, 137 S. Ct. 1958… Read more
James P. Moran v. Wisconsin Department of Justice, 2019 WI App 38; case activity (including briefs) James Moran was convicted of a felony in Virginia. That state has a procedure by which a person can petition to have his or her right to own a gun restored, and Moran’s petition was successful. So he can buy… Read more
State v. Corey R. Fugere, 2019 WI 33, 3/28/19, affirming a published court of appeals decision; case activity (including briefs) Pretend you’re a defendant trying to decide whether to enter a plea. You know that maximum term of imprisonment you face. You also know that pleading NGI is one of your options. However, the circuit… Read more
State v. Corey R. Fugere, 2016AP2258-CR, petition for review of a published court of appeals decision granted 9/4/18; case activity (including briefs) Issue (composed by On Point): When a person enters a guilty plea to a criminal charge coupled with the defense of not responsible due to mental disease or defect under § 971.15, is a… Read more
State v. DeAnthony K. Muldrow, 2018 WI 52, 5/18/18, affirming a published court of appeals decision, 2017 WI App 47; case activity (including briefs) A unanimous supreme court holds that lifetime GPS monitoring is not punishment, so a judge doesn’t have to advise a defendant that he or she is pleading to a crime that will… Read more
State v. Arthur Allen Freiboth, 2015AP2535-CR, District IV, 2/26/18; case activity (including briefs) Issue: …[W]e certify the present appeal to the Wisconsin Supreme Court to decide whether a defendant who was not advised at the time of the plea that he or she faced multiple mandatory DNA surcharges has grounds for plea withdrawal. Sound familiar… Read more
