2009AP3139-CR State v. Stewart

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Criminal Procedure
New trials; exculpatory evidence

Byron Stewart appeals from a judgment convicting him of first-degree intentional homicide, as party to a crime, and from an order denying his postconviction motion. Stewart contends that he is entitled to a new trial because: (1) the State failed to disclose impeachment evidence as to their central witness, violating his due process rights under Brady v. Maryland, 373 U.S. 83 (1963); and (2) the State’s subsequent dismissal of charges pending against that witness constitutes newly discovered evidence establishing a reasonable probability of a different result at a new trial under State v. Plude, 2008 WI 58, ¶¶32-33, 310 Wis. 2d 28, 750 N.W.2d 42. We reject both of these contentions, and we affirm. This opinion will not be published.

2009AP3139-CR State v. Stewart

Dist IV, Rock County, Dillon, J., Per Curiam

Attorneys: For Appellant: Sommers, Joseph L., Oregon; For Respondent: Balistreri, Thomas J., Madison; Sullivan, Richard J., Janesville

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