01-0931-CR State v. Sanicki

By: dmc-admin//April 15, 2002//

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James Sanicki Jr., appeals a judgment convicting him of first-degree intentional homicide. He also appeals an order denying his motion for postconviction relief. Sanicki argues that the trial court misused its discretion by denying his motion for a new trial based on newly-discovered evidence. Alternatively, Sanicki urges this court to exercise its discretionary power of reversal pursuant to Wis. Stat. sec. 752.352 because justice has miscarried and the real controversy has not been fully tried.

We reject Sanicki’s arguments and affirm the judgment and order.

This opinion will not be published.

Dist III, Marinette County, Heath, J., Per Curiam

Attorneys:

For Appellant: Julia A. LaCost, Iron Mountain, MI

For Respondent: Jeffrey J. Kassel, Madison; Joseph J. Klumb, Marinette

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