Criminal Procedure — prosecutorial vindictiveness — selective prosecution

Listen to this article

Wisconsin Court of Appeals

Criminal

Criminal Procedure — prosecutorial vindictiveness — selective prosecution

Danielle Marie Valoe, pro se, appeals an order of the circuit court that denied her Wis. Stat. § 974.06 (2009-10) postconviction motion for relief without a hearing. Valoe claimed that postconviction counsel was ineffective for not challenging, prior to Valoe’s direct appeal of her conviction, trial counsel’s failure to challenge the charges against her by alleging prosecutorial vindictiveness and selective prosecution. Because there is ultimately no merit to Valoe’s claim of prosecutorial vindictiveness, and because Valoe withdrew her selective prosecution claim from the circuit court’s consideration, we conclude that the circuit court properly denied her motion and affirm the order. This opinion shall not be published.

2011AP1992, 2011AP1993 State v. Valoe

Dist I, Milwaukee County, Hansher, J., Per Curiam

Attorneys: For Appellant: Valoe, Danielle Marie, pro se; For Respondent: Balistreri, Thomas J., Madison; Loebel, Karen A., Milwaukee