By: Derek Hawkins//April 5, 2017//
WI Court of Appeals – District II
Case Name: State of Wisconsin v. Daniel G. Scheidell
Case No.: 2015AP1598-CR
Officials: Reilly, P.J., Gundrum and Hagedorn, JJ.
Focus: Newly Discovered Evidence – Motion for New Trial
This appeal addresses the ramifications of the discovery of “newly discovered evidence” that had it been known at the time of trial would have resulted in a different legal analysis than that applied by the circuit court. On October 11, 1995, Daniel G. Scheidell was convicted following a
“he said, she said” jury trial of attempted first-degree sexual assault and armed burglary against J.D. Nineteen years later, Scheidell brought a motion for a new trial under WIS. STAT. § 974.06 (2015-16)1 with the assistance of the Wisconsin Innocence Project (WIP). The circuit court granted Scheidell’s motion for a new trial based on newly discovered third-party perpetrator DNA evidence in the firstdegree sexual assault of K.C., and the State appealed. We affirm the decision of the circuit court vacating Scheidell’s judgment of conviction.