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L. Newly-discovered evidence

State v. Danny L. Wilber, 2016AP260, 12/26/18, District 1 (not recommend for publication); case activity (including briefs) “This case involves a dual tragedy: the death of one innocent man and the conviction of another.” (Initial Brief at 1). Not one of the many eyewitnesses to this homicide, which occurred during a large house party, saw… Read More

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State v. Desmond Anthony Mattis, 2016AP982, 3/28/17, District 3 (one-judge decision; ineligible for publication); case activity (including state’s brief) Desmond Mattis raises three issues in this appeal of the circuit court’s denial of his Wis. Stat. § 974.06 motion. The court of appeals rejects them seriatim. Mattis first claims to have newly discovered evidence relating… Read More

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State v. Landris T. Jines, 2014AP132, District 1, 9/30/14 (not recommended for publication); case activity The recantations of Bartee, the victim, and Griffin, another state’s witness, don’t satisfy the newly-discovered evidence test because they are not sufficiently corroborated. Nor is there a reasonable probability a different result would be reached in a new trial with the recantation evidence… Read More

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State v. Haven Pettigrew, 2012AP1860-CR, District 2/1, 7/2/13; court of appeals decision (not recommended for publication); case activity Reference to right against self-incrimination Defense counsel revealed her theory of defense for the first time in her opening statement. During direct examination of the lead detective if that was the first time he had heard that… Read More

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State v. Edward Devon Smart, 2012AP1178-CR, District 1, 5/7/13; court of appeals decision (not recommended for publication); case activity Smart is not entitled to plea withdrawal based on co-actor’s testimony that he coerced Smart to commit the crime because the coercion evidence could have been presented using other witnesses known to defendant before he entered… Read More

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State v. Douglas J. Plude,  2008 WI 58 reversing unpublished decision For Plude: Stephen D. Willett Issue/Holding: ¶36 We conclude that in a trial rife with conflicting and inconclusive medical expert testimony about a case the circuit court observed was based on “circumstantial evidence,” there exists a reasonable probability that, had the jury discovered that Shaibani lied about… Read More

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State v. Audrey A. Edmunds, 2008 WI App 33; prior history: State v. Edmunds, 229 Wis. 2d 67, 598 N.W.2d 290 (Ct. App. 1999), habeas relief denied, Edmunds v. Deppisch, 313 F.3d 997 (7th Cir. 2002) For Edmunds: Keith A. Findley, UW Law School Issue/Holding: Presentation of expert testimony to establish, under a theory of newly discovered evidence, a recent… Read More

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State v. Audrey A. Edmunds, 2008 WI App 33; prior history: State v. Edmunds, 229 Wis. 2d 67, 598 N.W.2d 290 (Ct. App. 1999), habeas relief denied, Edmunds v. Deppisch, 313 F.3d 997 (7th Cir. 2002) For Edmunds: Keith A. Findley, UW Law School Issue/Holding: Edmunds was convicted over a decade ago of causing the death of a baby in… Read More

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