2010AP1856 State v. Davis

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Criminal Procedure
New trials; interest of justice

Where the jury did not hear extensive evidence of the defendant’s innocence, a new trial is granted in the interests of justice.

“We reverse the trial court and remand for a new trial using our discretionary reversal power because: (1) testimony regarding possible false accusations against Davis calls into question whether Davis actually participated in the crime for which he was convicted; (2) the jury that convicted Davis did not hear this testimony; and (3) this testimony, combined with evidence that was erroneously admitted, undermines our confidence in the outcome of Davis’s trial. Therefore, we conclude that the real controversy of whether Davis actually participated in the robbery and murder was not fully tried.”

Reversed and Remanded.

Recommended for publication in the official reports.

2010AP1856 State v. Davis

Dist. I, Milwaukee County, Donald, J., Kessler, J.

Attorneys: For Appellant: Henak, Robert R., Milwaukee; For Respondent: Balistreri, Thomas J., Madison; Loebel, Karen A., Milwaukee

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