Suppression of Evidence

WI Court of Supreme Court

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

Case No.: 2020AP000226-CR

Officials: Annette Kingsland Ziegler, C.J.

Focus: Suppression of Evidence

This is a review of an unpublished decision of the court of appeals, State v. Hineman, No. 2020AP226-CR, unpublished slip op. (Wis. Ct. App. Nov. 24, 2021) (per curiam), reversing the Racine County circuit court’s judgment of conviction against Jeffrey Hineman for first-degree child sexual assault, S.J.S., and order denying Hineman’s motion for postconviction relief.

Hineman argues that he is entitled to a new trial because the State suppressed evidence favorable to his defense in violation of his due process rights under Brady v. Maryland, 373 U.S. 83 (1963). According to Hineman, the State failed to disclose a report from Child Protective Services (“CPS”) which contained “material exculpatory impeachment evidence that went to an issue at the heart of the case.” He argues the circuit court erred in denying his motion for postconviction relief and that the court of appeals was correct to reverse that decision. Hineman also argues two alternative grounds for affirming the court of appeals: “he was denied effective assistance of counsel,” and he “is entitled to a new trial[] and an in camera review of [S.J.S.’s] treatment records[] in the interests of justice.”

Reversed.

Decided 01/10/23

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