Criminal Procedure — speedy trials — impartial jury — new trials — exculpatory evidence

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Wisconsin Court of Appeals

Criminal

Criminal Procedure

Speedy trials; impartial jury; new trials; exculpatory evidence

Kevin Pophal appeals judgments of conviction for three counts of child sexual assault by sexual contact. Pophal argues: (1) he was denied his right to a speedy trial; (2) he was denied his right to an impartial jury because one of the jurors was related to one of the victims; (3) the circuit court should have ordered a mistrial when the State’s police witness testified to other acts evidence in violation of a pretrial order; (4) newly discovered evidence in the form of a recantation entitles him to a new trial; and (5) the State failed to disclose exculpatory evidence. We reject Pophal’s arguments and affirm. This opinion will not be published.

2010AP2385-CR, 2010AP2386-CR State v. Pophal

Dist III, Lincoln County, Tlusty, J., Per Curiam

Attorneys: For Appellant: Connell, James B., Wausau; For Respondent: Gansner, William L., Madison; Dunphy, Donald J., Merrill