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
4. After sentencing
State v. Matthew Robert Mayotte, 2022AP1695, 1/23/24, District 3 (not recommended for publication); case activity (including briefs) Given the state of the postconviction record and COA’s narrow reading of precedent, Mayotte fails to establish he is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State v. Brian Anthony Taylor, 2019AP1770-CR, District 1, 7/28/20 (not recommended for publication); case activity (including briefs) What a frustrating decision.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State v. Russell L. Wilson, 2019AP49, 6/23/20, District 3 (not recommended for publication); case activity (including briefs) Wilson was charged with repeated second-degree sexual assault of a child under Wis.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
COA rejects defendant’s claim that he thought counsel decided whether to accept or reject plea offer
State v. Nathaniel Lee Mattson, 2019AP201-CR, 6/16/20, District 3 (1-judge opinion, ineligible for publication); case activity (including briefs) Mattson pled guilty to domestic battery and disorderly conduct and moved to withdraw his pleas after sentencing. Argued that he did not realize that the decision as to whether accept a plea or go to trial was… Read more
State v. Javien Cajujuan Pegeese, 2019 WI 60, 5/31/19, review of an unpublished court of appeals decision; case activity (including briefs) Pegeese pleaded guilty to a robbery and received probation. He later sought plea withdrawal, asserting the circuit court’s colloquy had been deficient because it didn’t inform him of the constitutional rights he was waiving… Read more
