Right to a Speedy Trial- Newly-Discovered Evidence

Listen to this article

WI Court of Appeals – District I

Case Name: State of Wisconsin v. Walter Lamont Fisher

Case No.: 2022AP001663-CR

Officials: White, C.J., Donald, P.J., and Geenen, J.

Focus: Right to a Speedy Trial- Newly-Discovered Evidence

Fisher appeals from a judgment of conviction for multiple offenses related to a shooting incident involving his former girlfriend and from an order of the circuit court denying Fisher’s postconviction motion for a new trial or resentencing without a hearing. On appeal, he maintains that he is entitled to a new trial or resentencing, and he argues that his constitutional right to a speedy trial was violated, newly-discovered evidence in the form of a recantation from his former girlfriend entitles him to a new trial, and he is entitled to resentencing based on a new factor. The court concludes that Fisher’s constitutional right to a speedy trial was not violated. While the State does not dispute that the delay is presumptively prejudicial and Fisher asserted his right to a speedy trial, Fisher has shown only minimal prejudice that does not outweigh the delays in his trial that were due in large part to the court’s calendar and the unavailability of witnesses, which is not heavily weighted against the State. The court concludes that the trial court did not erroneously deny Fisher’s claim of newly-discovered evidence because Fisher failed to satisfy the

corroboration requirement for Fisher’s ex-girlfriend’s affidavit.

Affirmed.

Decided 02/06/24

Full Text