Postconviction Motion

WI Court of Appeals – District I

Case Name: State of Wisconsin v. Nigel J. Smith

Case No.: 2021AP001598-CR

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

Focus:  Postconviction Motion

Smith’s nephew, four-year old S.S., shot himself in the head. Nigeria Smith, S.S.’s mother and Smith’s twin sister, found S.S. on the floor of Smith’s bedroom. On a chair near S.S.’s body was a silver revolver. Smith appeals from a judgment convicting him of leaving or storing a loaded firearm near a child and possessing a firearm as a felon, both as a party to a crime and as a repeater, and an order denying his postconviction motion without a hearing. On appeal, Smith contends that he is entitled to an evidentiary hearing based on newly-discovered evidence. In addition, Smith contends that his trial attorney was ineffective for failing to impeach and properly cross-examine one of the State’s witnesses. The appeals court rejects Smith’s arguments and concludes that the circuit court properly denied Smith’s motion without an evidentiary hearing.

Affirmed.

Decided 04/04/23

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