Criminal Procedure — exculpatory evidence — ineffective assistance — new trials

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Wisconsin Court of Appeals

Criminal

Criminal Procedure — exculpatory evidence — ineffective assistance — new trials

Waylon Picotte appeals a judgment convicting him of sexually assaulting Jennifer S. and an order denying his postconviction motion. Picotte argues: (1) his due process rights were violated because the State lost or destroyed a potentially exculpatory surveillance video; (2) his trial counsel, Raj Kumar Singh, was ineffective for failing to file a motion to dismiss based on the lost video and because Singh failed to adequately investigate information critical to witnesses’ credibility; (3) he should be granted a new trial based on newly discovered evidence relating to Jennifer’s activities after the assault and her credibility; and (4) he should be granted a new trial in the interest of justice because the controversy was not fully tried and justice has miscarried. We reject these arguments and affirm the judgment and order. This opinion will not be published.

2011AP2157-CR State v. Picotte

Dist III, Brown County, Atkinson, J., Per Curiam

Attorneys: For Appellant: Heckes, Roberta A., Adell; For Respondent: Whelan, Maura F.J., Madison; Lasee, David L., Green Bay