Postconviction Relief – Newly Discovered Evidence

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WI Court of Appeals – District I

Case Name: State of Wisconsin v. Craig Felix Lathon

Case No.: 2019AP36; 2019AP37

Officials: Brash, P.J., Blanchard and Dugan, JJ.

Focus: Postconviction Relief – Newly Discovered Evidence

Craig Lathon was convicted of three counts of first-degree intentional homicide based on jury verdicts in 1992. He appeals an order denying his WIS. STAT. § 974.06 (2017-18) postconviction motion for a new trial.  The postconviction motion is based on purported newly discovered evidence which he contends shows that he was convicted based on the perjured trial testimony of three witnesses who conspired to frame him. He further argues that based on purported newly discovered evidence, the State failed to disclose exculpatory evidence to the defense before trial in violation of Brady v. Maryland, 373 U.S. 83 (1963). He also argues that the trial court erred in not granting an evidentiary hearing on his motion. We reject Lathon’s arguments related to the alleged conspiracy to frame him based on controlling propositions in State v. McAlister, 2018 WI 34, 380 Wis. 2d 684, 911 N.W.2d 77. We reject his Bradybased argument because, even assuming such a failure to disclose, we conclude that he fails to show that he has evidence of the materiality required to sustain a Brady claim. Accordingly, 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.