Postconviction Relief – DNA Testing

By: Derek Hawkins//September 14, 2021//

Listen to this article

WI Court of Appeals – District I

Case Name: State of Wisconsin v. Phillip Dewayne Peters

Case No.: 2020AP471-CR

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

Focus: Postconviction Relief – DNA Testing

Phillip Dewayne Peters appeals from a judgment convicting him of criminal trespass and second-degree sexual assault and an order of the circuit court denying his motion requesting the court to order additional DNA testing pursuant to WIS. STAT. § 974.07 (2019-20). We conclude that it is not reasonably probable that Peters would not have been prosecuted or convicted, or that the outcome of the proceedings would have been more favorable, if the DNA testing Peters now requests would have been conducted. Accordingly, Peters has not met the requirements of § 974.07(7) for the court to order either mandatory or discretionary testing and, therefore, we affirm.

Full Text

Derek A Hawkins is Corporate Counsel, at Salesforce.

Select Region or Brand

Upcoming Event