Motion for New Trial – Admissible Evidence

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WI Court of Appeals – District IV

Case Name: State of Wisconsin v. Dennis B. Hassel

Case No.: 2020AP1301-CR

Officials: Blanchard, P.J., Fitzpatrick, and Graham, JJ.

Focus: Motion for New Trial – Admissible Evidence

Dennis Hassel appeals a judgment of conviction for first-degree intentional homicide. He also appeals the circuit court’s order denying his motion for a new trial. Hassel asks us to exercise our discretion to grant a new trial in the interest of justice. He argues that the real controversy was not fully tried because the jury was not presented with important fingerprint evidence of a third party’s guilt. Hassel contends that this evidence was admissible pursuant to State v. Denny, 120 Wis. 2d 614, 357 N.W.2d 12 (Ct. App. 1984). Denny requires the application of a three-prong test in which the defendant must show the third party’s (1) motive, (2) opportunity, and (3) “direct connection” to the crime. See id. at 625. Hassel does not persuade us that he has satisfied the Denny test and, consequently, he does not persuade us that we should exercise our discretion to order a new trial in the interest of justice. We affirm the circuit court.

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Derek A Hawkins is Corporate Counsel, at Salesforce.