Postconviction Relief-Newly Discovered Evidence

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WI Court of Appeals – District III

Case Name: State of Wisconsin v. Tomas Jaymitchell Hoyle

Case No.: 2020AP001876-CR

Officials: Stark, P.J., Hruz and Gill, JJ.

Focus: Postconviction Relief-Newly Discovered Evidence

Hoyle appeals a judgment of conviction for two counts of second-degree sexual assault and two counts of second-degree sexual assault of a child. Hoyle also appeals an order denying his motion for postconviction relief. Hoyle argues that he is entitled to a new trial based on newly discovered evidence. Alternatively, Hoyle argues that if this court rejects his newly discovered evidence claim, the appeals court should remand for a new hearing on that claim so that he may subpoena the victim and her counseling records. Hoyle also asserts that he is entitled to a new trial based on the State’s failure to

disclose evidence.

The circuit court properly denied Hoyle’s newly discovered evidence claim because there is no reasonable probability that the jury would have had a reasonable doubt about Hoyle’s guilt if it had heard the newly discovered evidence, the appeals court concluded. It further concluded that no remand is required because the victim’s counseling records are not necessary to decide Hoyle’s newly discovered evidence claim. Finally, the court concludes that Hoyle is not entitled to a new trial based on the State’s failure to disclose evidence because the evidence in question is not material.

Affirmed.

Decided 01/18/24

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