State v. Terry G. Vollbrecht, 2012 WI App 90 (recommended for publication); case activity § 974.06 Motion – Laches Inapplicable ¶17 n. 14: While we acknowledge the State’s argument that Vollbrecht’s Wis. Stat. § 974.06 motion is barred by laches and its request that we certify the issue to the supreme court, we decline the State’s invitation. The State concedes… Read more
B. Newly Discovered Evidence
on review of published opinion; for Avery: Keith A. Findley, Tricia J. Bushnell; case activity; prior post Newly Discovered Evidence / Interest of Justice – New Forensic Method Issues (composed by On Point): 1. Whether new scientific photogrammetric analyses by expert witnesses, indicating that the suspect in video surveillance was shorter than Avery, entitles him to a new… Read more
State v. Reynold C. Moore, 2010AP377, District 3/4, 1/26/12 court of appeals decision (not recommended for publication); for Moore: Byron C. Lichstein; case activity; prior history: 1997AP1193-CR, habeas relief denied, Moore v. Casperson, 345 F.3d 474 (7th Cir. 2003) Moore seeks relief on the basis of newly discovered evidence in the form of a purported recantation of State… Read more
Newly Discovered Evidence: New Forensic Method, Photogrammetric Analysis; Interest-of-Justice Review
State v. Brian K. Avery, 2011 WI App 148 (recommended for publication), supreme court review granted, 2/23/12; for Avery: Keith A. Findley; case activity; prior 974.06 appeal: 2008AP500-CR; direct appeal: 1997AP317 Newly Discovered Evidence – New Forensic Method – Photogrammetric Analysis Expert photogrammetric opinion, derived from video enhancement technology (“VISAR”) not commercially available until after Avery’s trial… Read more
State v. John D. Tiggs, Jr., 2010AP1530, District 2, 6/29/11 court of appeals decision (1-judge, not for publication); pro se; case activity Tiggs knew that DNA test results would be released in mere hours, yet chose to enter his no-contest plea. His postconviction motion to withdraw the plea, based on a theory that the test… Read more
State v. Crystal P. Keith, 2010AP1667-CR, District 1, 5/24/11 court of appeals decision (not recommended for publication); for Keith: John A. Pray; case activity On Keith’s conviction for reckless homicide in beating death of foster son, statements of her biological daughter (such as, “Why does mama have to go to jail for what my daddy… Read more
State v. Charles A. Bouc, 2010AP180, District 2, 12/22/10 court of appeals decision (3-judge, not recommended for publication); for Bouc: Adam Walsh; case activity; Bouc BiC; State Resp.; Reply Effective Assistance – Plea Advice Counsel did not fall short of normative performance standards, where he weighed with his client the pros and cons of admissibility of… Read more
State v. Richard D. Sugden, 2010 WI App 166 (recommended for publication); for Sugden: Donald T. Lang, SPD, Madison Appellate; Sugden BiC; State Resp.; Reply Newly Discovered Evidence – Test – Generally ¶14 In order to be entitled to a new trial based on newly discovered evidence, Sugden must prove by clear and convincing evidence… Read more
