Abuse of Discretion – Newly Discovered Evidence

By: Derek Hawkins//April 16, 2019//

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WI Court of Appeals – District I

Case Name: State of Wisconsin v. Jerry Simone Wilson

Case No.: 2018AP534

Officials: Kessler, P.J., Brennan and Dugan, JJ.

Focus: Abuse of Discretion – Newly Discovered Evidence

Jerry Simone Wilson appeals the order denying his motion for postconviction relief based on newly discovered evidence. Wilson was convicted of first-degree reckless homicide with use of a dangerous weapon and two counts of recklessly endangering safety with use of a dangerous weapon, following a jury trial.

Wilson argues that the postconviction court erroneously exercised its discretion when it denied his motion for a new trial based upon newly discovered evidence that could be provided by a witness who did not testify at trial. We conclude that the postconviction court properly determined that Wilson did not meet his burden of proving that he was not negligent in seeking that evidence. Therefore, we affirm.

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Derek A Hawkins is trademark corporate counsel for Harley-Davidson. Hawkins oversees the prosecution and maintenance of the Harley-Davidson’s international trademark portfolio in emerging markets.

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