Due Process Violation

By: Derek Hawkins//February 15, 2022//

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WI Court of Appeals – District II

Case Name: State of Wisconsin v. Jeffrey L. Hineman

Case No.: 2020AP226-CR

Officials: Gundrum, P.J., Neubauer and Reilly, JJ.

Focus: Due Process Violation

Jeffrey L. Hineman appeals from a judgment of conviction, following a jury trial, for first-degree sexual assault of a child under the age of thirteen and from an order denying him postconviction relief. He asserts the State violated his due process rights pursuant to Brady v. Maryland, 373 U.S. 83 (1963), by failing to provide him with a March 12, 2015 child protective services (CPS) report prior to his trial. Because we agree with Hineman, we reverse the circuit court’s judgment and order and remand for further proceedings consistent with this decision.

Hineman also contends the circuit court erred in not ordering, postconviction, an in-camera review of the child’s counseling and therapy records pursuant to Shiffra/Green. We agree with Hineman, but only to a limited extent.

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Derek A Hawkins is Corporate Counsel, at Salesforce.

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