18. Newly discovered evidence

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

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