Postconviction Relief – Evidentiary Hearing

By: WISCONSIN LAW JOURNAL STAFF//May 15, 2023//

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WI Court of Appeals – District I

Case Name: State of Wisconsin v. Vayda S. Herrera

Case No.: 2021AP000944-CR

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

Focus: Postconviction Relief – Evidentiary Hearing

Vayda Herrera appeals from a judgment for physical abuse of a child (her boyfriend’s child), recklessly causing great bodily harm, and an order denying postconviction relief. On appeal, Herrera contends that: (1) the circuit court erred when it failed to hold a postconviction evidentiary hearing on her newly discovered evidence claim; and (2) the circuit court erred when it granted the State’s pretrial other-acts motion. The appeals court ruled there is not a reasonable probability that if the victim’s father had testified, a jury would have a reasonable doubt as to Herrera’s guilt

Affirmed.

Decided 05/09/23

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