By: dmc-admin//August 30, 2010//
Criminal Procedure
New trials; interest of justice
Cody Vandenberg appeals an order denying his motion for postconviction relief. In 1996, Vandenberg was convicted of armed robbery and attempted first-degree intentional homicide following a trial at which the principal issue was the perpetrator’s identification. He now seeks a new trial, arguing that: (1) his co-defendant, Larry Pearson, had since confessed to the crimes; and (2) the jury was not presented with evidence undermining the victim’s eyewitness testimony, including medical records indicating the victim was severely intoxicated at the time of the attack. Using our discretionary authority under Wis. Stat. § 752.35, we reverse in the interest of justice and remand for a new trial. This opinion will not be published.
2009AP1242 State v. Vandenberg
Dist. III, Brown County, Zuidmulder, J., Per Curiam.
Attorneys: For Plaintiff: Thomas J. Balestreri, Madison; For Defendant: John A. Pray, Byron C. Lichstein, Madison