Motion for New Trial – Newly Discovered Evidence

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WI Court of Appeals – District IV

Case Name: State of Wisconsin v. Henry D. Weston

Case No.: 2016AP2347-CR

Officials: Lundsten, P.J., Sherman and Blanchard, JJ.

Focus: Motion for New Trial – Newly Discovered Evidence

Henry Weston appeals a judgment of conviction following a jury trial convicting him of first-degree intentional homicide, attempted first-degree intentional homicide, and aggravated battery, and orders denying Weston’s postconviction motions. Weston contends that he is entitled to a new trial based on: (1) newly discovered evidence in the form of victim A.G.’s recantation of his trial testimony; (2) violation of Weston’s right to confrontation when the circuit court denied Weston’s request to impeach A.G. with specific prior acts of dishonest conduct; (3) ineffective assistance of counsel by failing to investigate and present additional evidence to impeach A.G. at trial; and (4) the circuit court allowing the State to introduce Weston’s statements to police, which Weston claims were involuntary. For the reasons set forth below, we reject these contentions. We affirm.

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