State v. Matthew Robert Mayotte, 2022AP1695, 1/23/24, District 3 (not recommended for publication); case activity (including briefs) Given the state of the postconviction record and COA’s narrow reading of precedent, Mayotte fails to establish he is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. Issues/rights waived by plea
State v. Leevan Roundtree, 2012 WI 1, 1/7/21, affirming a per curiam court of appeals opinion, 2018AP594-CR; case activity (including briefs) In 2003, Roundtree was convicted of multiple felony counts of failure to pay child support. Twelve years later, police executed a search warrant at his home and found a firearm and ammunition under his… Read more
State v. Leevan Roundtree, 2018AP594-CR, review of per curiam opinion granted, 1/14/20; case activity Issues: 1. Section 941.29(2) prohibits any person convicted of a felony—even if it doesn’t involve physical violence–from possessing firearms the rest of his life. Is this statute unconstitutional as applied to a person convicted of failure to pay child support? 2… Read more
Question presented: Whether a guilty plea inherently waives a defendant’s right to challenge the constitutionality of his statute of conviction? Lower court opinion: United States v. Class (unreported) (D.C. Cir. 2016) Docket Scotusblog page Though this is an appeal of a federal prosecution, it may well affect state practice. We’re all familiar with the general rule… Read more
State v. Jeromy Miller, 2014AP1246-CR, 2/24/15, District 2 (not recommended for publication); click here for docket and briefs This decision smells like SCOW bait. Miller pleaded guilty believing that he had the right to appeal the circuit court’s denial of his pre-trial motion to dismiss. Both the court and defense counsel told him so. The… Read more
State v. Stephanie M. Przytarski, 2014AP1019-CR, District 1, 11/18/14 (1-judge decision; ineligible for publication); case activity Przytarski can’t withdraw her plea even if her trial lawyer erroneously told her that she could appeal the trial court’s pretrial order that barred her from introducing certain evidence to defend against charges of interference with child custody. Charged with violating… Read more
State v. Brian K. Little, 2011AP1740-CR, District 4, 1/26/12 court of appeals decision (1-judge, not for publication); for Little: Lane Fitzgerald; case activity The court rejects challenges to § 941.23, carrying concealed weapon, as facially violating the state and federal constitutional right to bear arms. (The statute presently allows concealed carry under specified circumstances, 2011 WI Act 35… Read more
Columbia County v. Fred A. Ederer, 2010AP2369, District 4, 5/12/11 court of appeals decision (1-judge, not for publication); for Ederer: John Smerlinski; case activity Ederer’s no contest plea waived his right to appeal suppression issue in this OWI-1st (therefore, civil) case. His reliance on County of Ozaukee v. Quelle, 198 Wis. 2d 269, 275-76, 542 N.W.2d 196… Read more
