Criminal Procedure — new trials

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Wisconsin Court of Appeals

Criminal

Criminal Procedure — new trials

Daniel Bolstad was convicted, following a jury trial, of the attempted second-degree sexual assault of M.S., an adult female. Bolstad seeks a new trial in the interest of justice, arguing that false testimony presented at his trial prevented the real controversy from being fully tried. Under the exceptional circumstances of this case, we agree with Bolstad. We express no opinion on whether M.S. truthfully testified that a man attempted to sexually assault her or whether she accurately identified Bolstad as that man. However, it is now undisputed by the State that all three key witnesses against Bolstad, including M.S., gave false testimony during trial. It is also clear that the prosecutor unknowingly, but extensively, relied on that mutually corroborating testimony to persuade the jury that Bolstad’s contrary testimony was unworthy of belief. Because we conclude that the real controversy was not fully tried, we reverse and remand. Not recommended for publication in the official reports.

2013AP2139 State v. Bolstad

Dist IV, La Crosse County, Gonzalez, J., Lundsten, J.

Attorneys: For Appellant: Lichstein, Byron C., Madison; For Respondent: Noet, Nancy A., Madison; Gruenke, Tim, La Crosse