On Point blog, page 1 of 1
COA applies harmless error rule to statutory right to be present at plea hearing, holds any error was harmless
State v. Charles Williams, 2024AP1424-CR, 12/2/25, District III (authored, not recommended for publication); case activity
Williams argues that the circuit court erred by denying his postconviction motion to withdraw his plea because he did not knowingly, intelligently, and voluntarily waive his right, under WIS. STAT. § 971.04(1)(g), to appear in person at the plea hearing. COA assumes without deciding that Williams did not waive his right to be present, but concludes that any error was harmless and affirms.
D3 affirms denial of plea withdrawal claim under Cross’ “higher, but not substantially higher” rule
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, Cross’ counter-intuitive holding, even with arguably “better” facts, seems to have hamstringed the court of appeals from acknowledging that a plea cannot be said to be “knowing, intelligent, and voluntary” if the defendant does not know the correct maximum penalty. If we had to guess, SCOW will soon be considering whether to reconsider, limit, or overrule Cross.
COA holds that defendant’s misunderstanding about guilty plea waiver rule does not entitle him to plea withdrawal
State v. Matthew Robert Mayotte, 2022AP1695, 1/23/24, District 3 (not recommended for publication); case activity (including briefs)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.
COA overlooks procedural bar, State’s failure to file to a response brief; affirms based on well-settled plea withdrawal case law
State v. William J. Buffo, 2022AP1803-4-CR, District IV, 7/13/23, 1-judge decision ineligible for publication; case activity (briefs available)
In another messy pro se appeal, COA overlooks the State’s failure to file a response brief and affirms the circuit court’s “evidently correct” decision.
Circuit court properly denied plea withdrawal after it found witness recantations to be incredible and uncorroborated
State v. John Francis Ferguson, 2014 WI App 48; case activity
The circuit court did not erroneously exercise its discretion in denying Ferguson’s plea withdrawal motion, which was based on recantations by two witnesses who had previously said Ferguson fatally shot a man. The circuit judge applied the proper standard under State v. McCallum, 208 Wis. 2d 463, 561 N.W.2d 707 (1997), when it found the recantations were incredible as a matter of law and uncorroborated by other newly-discovered evidence, and its findings are not clearly erroneous.
Appellate Procedure – Standard of Review – Plea-Related Issues (pre-2010 Caselaw)
Go: here.
Forfeited Issue: Deferred Prosecution Agreement Argument
State v. Chase E. Kaczmarski, 2009 WI App 117
For Kaczmarski: Harold L. Harlowe, David M. Gorwitz
Issue/Holding:
¶7 Forfeiture is a rule of judicial administration, and whether we apply the rule is a matter addressed to our discretion. [3] See Ford Motor Co. v. Lyons, 137 Wis. 2d 397, 417, 405 N.W.2d 354 (Ct. App. 1987).We generally do not consider arguments not raised in the circuit court.