State v. Terron Anthony Clayborn, 2023AP283-CR, 8/20/24, District I (not recommended for publication); case activity In a case presenting a common postconviction fact pattern alleging an improper promise by counsel, COA affirms despite postconviction testimony largely corroborating the defendant’s account. Clayborn pleaded guilty to two felonies following a fatal accident. (¶1). In exchange for his… Read more
4. After sentencing
State v. Megan E. Zeien, 2023AP1787-CR, 4/24/24, District II (one-judge decision, ineligible for publication); case activity If you’ve ever wondered whether you have a Bangert claim concerning a circuit court’s failure to “ascertain personally whether a factual basis exists to support [your client’s] plea,” this unpublished but citable decision is worth a read. Unfortunately, the… Read more
State v. Kasey Ann Gomolla, 2022AP199-CR, 2/6/24, District 3 (recommended for publication); case activity Even if the court of appeals had not recommended this decision for publication, Gomolla’s case seems destined for further review. While the facts here are somewhat distinguishable from State v. Cross, 2010 WI 70, 326 Wis. 2d 492, 786 N.W.2d 64… Read more
State v. Matthew Robert Mayotte, 2022AP1695, 1/23/24, District 3 (not recommended for publication); case activity (including briefs) Given the state of the postconviction record and COA’s narrow reading of precedent, Mayotte fails to establish he is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
State v. Dustin J. VanderGalien, 2023AP890-CR, 12/29/23, District 4 (recommended for publication); case activity VanderGalien pled no contest to three counts stemming from a fatal motor vehicle crash after a non-impairing cocaine metabolite (benzoylecgonine or “BE”) was detected in his blood hours after the incident. The court of appeals rejects his facial challenge to the… Read more
State v. Victoria L. Conley, 2019AP902, 9/10/20, District 4 (one-judge decision; ineligible for publication); case activity (including briefs) Conley pleaded to one count of disorderly conduct related to a couple of altercations occurring over a few minutes in Madison. After sentencing she moved to withdraw her plea alleging that the court failed to apprise her… Read more
State v. Brian Anthony Taylor, 2019AP1770-CR, District 1, 7/28/20 (not recommended for publication); case activity (including briefs) What a frustrating decision. Taylor filed a pre-sentencing motion to withdraw his plea for repeated sexual assault of a child, but the circuit court denied it applying the more stringent post-sentencing plea withdrawal standard. “No problem,” says the… Read more
State v. Russell L. Wilson, 2019AP49, 6/23/20, District 3 (not recommended for publication); case activity (including briefs) Wilson was charged with repeated second-degree sexual assault of a child under Wis. Stats. §§ 948.02(2) and 948.025(1)(e). That’s a Class C felony carrying a max of 25 in and 15 out. But the state alleged that he… Read more
