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Criminal Procedure — new trials — newly-discovered evidence

By: WISCONSIN LAW JOURNAL STAFF//April 22, 2014//

Criminal Procedure — new trials — newly-discovered evidence

By: WISCONSIN LAW JOURNAL STAFF//April 22, 2014//

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Wisconsin Court of Appeals

Criminal

Criminal Procedure — new trials — newly-discovered evidence

Where recantations are incredible as a matter of law, they do not support a new trial.

“As McCallum tells us, a post-sentence recantation must be corroborated by other newly-discovered evidence. Id., 208 Wis. 2d at 476–477, 561 N.W.2d at 711–712. As noted, this can be done by showing that: ‘(1)there is a feasible motive for the initial false statement; and, (2) there are circumstantial guarantees of the trustworthiness of the recantation.’ Id., 208 Wis. 2d at 478, 561 N.W.2d at 712. We agree with the circuit court that the ‘motive’ for Spencer’s alleged initial false statements was not ‘feasible’ because Spencer’s alleged fear of Randolph would have dissipated when Randolph died shortly after Ferguson pled guilty, and Spencer did not allege that Randolph’s alleged threats might have been carried out by a Randolph disgruntled relative or friend. Further, although the second requirement (circumstantial guarantees of the trustworthiness of the recantation) may be established by, as we have already seen, internal consistency, both Taylor’s and Spencer’s recantations were woefully inconsistent and inconsistent with each other. Thus, neither served as newly-discovered corroboration of the other.”

Affirmed.

Recommended for publication in the official reports.

2013AP99 State v. Ferguson

Dist. I, Milwaukee County, Borowski, J., Fine, J.

Attorneys: For Appellant: Bizzaro, Amelia L., Milwaukee; For Respondent: Loebel, Karen A., Milwaukee; Wellman, Sally L., Madison

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