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Newly Discovered Evidence – Motion for New Trial

By: Derek Hawkins//April 5, 2017//

Newly Discovered Evidence – Motion for New Trial

By: Derek Hawkins//April 5, 2017//

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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.

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.

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