Abuse of Discretion – Newly Discovered Evidence

By: Derek Hawkins//April 30, 2019//

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WI Court of Appeals – District I

Case Name: State of Wisconsin v. Andre L. Thornton

Case No.: 2018AP871-CR

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

Focus: Abuse of Discretion – Newly Discovered Evidence

Andre L. Thornton appeals a judgment of conviction, following a jury trial, for one count of first-degree reckless homicide, as a party to a crime. He also appeals the order denying his postconviction motion.

Thornton argues that the trial court erroneously exercised its discretion when it denied his motion for a new trial based on newly discovered evidence that one of the State’s witnesses had perjured himself ten years earlier in a federal court proceeding. We disagree and affirm because we conclude that the trial court properly determined that the proffered impeachment evidence did not create a reasonable probability that had the jury heard the new evidence that the result of the trial would be different.

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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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