Extended Supervision – revocation — motions to reopen

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Wisconsin Court of Appeals

Criminal

Extended Supervision – revocation — motions to reopen

John Tiggs, n/k/a A’Kinbo Hashim, appeals an order affirming a decision of the Division of Hearings and Appeals that denied two motions to reopen his probation and extended supervision revocation hearings. In the motions to reopen, Hashim alleged newly discovered evidence consisting of documents that challenged both the credibility of Hashim’s accuser, J.B., and DNA evidence. The division concluded that Hashim failed to meet the criteria for a new hearing based on newly discovered evidence set out in State ex rel. Booker v. Schwarz, 2004 WI App 50, ¶12, 270 Wis. 2d 745, 678 N.W.2d 361. Hashim argues that he meets the Booker standard and that the newly discovered evidence, viewed cumulatively, establishes grounds for a new revocation hearing. We disagree with Hashim, and affirm the order. This opinion will not be published.

2010AP2885 State ex rel. Tiggs v. Schwarz

Dist IV, Grant County, Day, J., Per Curiam

Attorneys: For Appellant: Tiggs, John D., Jr., pro se; For Respondent: Weinstein, Warren D., Madison; Riniker, Lisa A., Lancaster