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34. Newly discovered evidence

State v. Adrian A. Starks, 2013AP93, District 4, 9/25/14 (not recommended for publication); case activity New information that one of the officers who testified at Starks’s trial violated department policy on dozens of occasions (three of which occurred in Starks’s case) and ultimately resigned after an internal investigation didn’t entitle Starks to a new trial because… Read More

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State v. Jesse J. Franklin, Jr., 2013AP1447, District 1, 6/17/14 (unpublished); case activity Milwaukee Police Officers Paul Lough and James Campbell testified against Franklin at his trial for possession of marijuana and cocaine with intent to deliver and possession of a firearm by a felon.  Franklin was convicted and lost his appeal.  A few years… Read More

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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… Read More

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State v. Joseph Jordan, 2011AP1249, District 1, 6/25/13; case activity; (not recommended for publication). What a challenging case.  A jury convicted Jordan of first-degree reckless homicide and other crimes.  He lost his direct appeal and then filed a pro se §974.06 motion requesting various forms of relief, including a new trial based on: (a) newly-discovered evidence, and (b) ineffective assistance of counsel… Read More

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State v. Brian Avery, 2013 WI 13 (Wis. S. Ct. 1/30/13), reversing 2011 WI App 148; case activity The supreme court affirms the trial court’s denial of Brian Avery’s Wis. Stat. § 974.06 motion for a new trial based on newly discovered evidence, concluding there isn’t a reasonable probability a jury would have a reasonable… Read More

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Go: here; and here… Read More

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State v. Dennis J. Kivioja, 225 Wis.2d 271, 592 N.W.2d 220 (1999), on certification For Kivioja: Mark G. Sukowaty. Issue/Holding: Kivioja pleaded guilty after his codefendant, Stehle, implicated him in a string of burglaries. Following his own sentencing and prior to Kivioja’s, Stehle recanted and Kivioja moved to withdraw his pleas. The trial court denied… Read More

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State v. Robert Carnemolla, 229 Wis.2d 648, 600 N.W.2d 236 (Ct. App. 1999) For Carnemolla: Robert T. Ruth Issue/Holding: No error found in trial court’s credibility-bound denial of new trial based on newly discovered evidence claim: In the instant case, the trial court found Sautier to be “incredible.”  It also found “that a jury would [not] find… Read More

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