Criminal Procedure — new trials — newly discovered evidence

By: WISCONSIN LAW JOURNAL STAFF//December 6, 2011//

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Wisconsin Court of Appeals

Criminal

Criminal Procedure — new trials — newly discovered evidence

Todd Ennis appeals a judgment convicting him of first-degree reckless homicide in the beating death of Justin Thomas. He also appeals an order denying his postconviction motion in which he alleged newly discovered evidence consisting of Eric Basinski’s recantation of his trial testimony. The circuit court found Basinski’s postconviction testimony not credible. Because that finding is not clearly erroneous and Ennis established no reasonable probability that Basinski’s recantation would lead a jury to reasonably doubt Ennis’s guilt, we affirm the judgment and order. This opinion will not be published.

2010AP2176-CR State v. Ennis

Dist III, Brown County, Kelley, J., Per Curiam

Attorneys: For Appellant: Sommers, Joseph L., Oregon; For Respondent: Zakowski, John P., Green Bay; Whelan, Maura F.J., Madison

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