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09-4043 U.S. v. Freeman
Criminal Procedure New trials; prosecutorial misconduct Where the government knowingly presented false testimony, the district court properly granted the defendant a new trial. “The comments at issue were made during the rebuttal portion of the government’s closing argument, so there was no opportunity for the defense to counter the statement. And a curative instruction would […]
2010AP1667-CR State v. Keith
Criminal Procedure Ineffective assistance; venue; new trials Crystal P. Keith appeals from an order denying her motion for postconviction relief. Keith was convicted of one count of first-degree reckless homicide for the death of her foster son, Christopher, and one count of physical abuse of a child for the treatment of her foster daughter, C.T. […]
2010AP853 State v. Love
Criminal Procedure New trials; newly discovered evidence Lisimba Liteef Love appeals from an order denying his motion for a new trial based on newly-discovered evidence. Because we conclude that the circuit court properly denied his motion, we affirm. This opinion will not be published. 2010AP853 State v. Love Dist I, Milwaukee County, Konkol, J., Per […]
2010AP157 State v. Johnson
Criminal Procedure New trials; newly discovered evidence Jimmie Johnson appeals from an order denying his motion for a new trial based on newly-discovered evidence. Because Johnson does not demonstrate that the evidence he relies on would raise a reasonable doubt about his guilt, we affirm. This opinion will not be published. 2010AP157 State v. Johnson […]
2010AP1819-CR State v. Brinson
Criminal Procedure Ineffective assistance; new trials Robert L. Brinson appeals the judgment convicting him of conspiracy to commit identity theft, contrary to Wis. Stat. §§ 939.31 and 943.203(2)(a) (2007-08). He also appeals the order denying his postconviction motion. Brinson contends that the trial court erred in denying his postconviction request for an evidentiary hearing and […]
2009AP118 State v. Burns
Criminal Procedure New trials A defendant convicted of sexual assault is not entitled to a new trial, even though the victim did not tell the truth in saying that the defendant took her virginity. “Burns argues at length that S.B.’s virginity testimony was particularly prejudicial because the concept of rape of a virgin causes significantly […]
09-3540 Mejia v. Cook County
Civil Procedure New trials Where the district court employed the wrong standard in denying a motion for a new trial, the appropriate remedy is to remand for consideration using the correct standard, not reversal. “In the end, the district court is in the best position to evaluate the evidence and determine whether the verdict was […]
2008AP3046-CR State v. Alswager
Criminal Procedure New trials; continuances; ineffective assistance Roger W. Alswager has appealed pro se from a judgment convicting him after a jury trial of operating a motor vehicle while under the influence of an intoxicant, fifth or greater offense (OWI), in violation of Wis. Stat. § 346.63(1)(a) (2009-10). The jury also found Alswager guilty of […]
2010AP1266-CR State v. Williams
Criminal Procedure New trials; interest of justice Jevell M. Williams appeals the judgment entered after a jury convicted him of two counts of armed robbery, see Wis. Stat. § 943.32(2), and the order denying his motion for postconviction relief. Williams argues that: (1) he deserves a new trial in the interest of justice because he […]
2009AP1759 State v. Segner
Criminal Procedure New trials; newly discovered evidence Jonathan Segner appeals from an order denying his Wis. Stat. § 974.06 (2007-08) motion for a new trial. Segner argues that newly discovered evidence warrants a new trial and the circuit court erred by denying his motion without an evidentiary hearing. We reject Segner’s arguments and affirm the […]
2010AP781 In re the commitment of Jesse D. Williams
Sexually Violent Persons Jury instructions; new trials Jesse D. Williams appeals an order committing him to a secure mental health facility on a jury finding that he is a sexually violent person under Wis. Stat. ch. 980 (2007-08). He also appeals an order denying his postcommitment motion. Williams contends that the standard jury instruction used […]
2009AP2745 State v. Lewis
Criminal Procedure New trials; newly discovered evidence Vincent Craig Lewis, pro se, appeals from an order denying his Wis. Stat. § 974.06 (2007-08) motion. Lewis raises several issues, the main one being that a laboratory report which existed at the time of his trial, is newly discovered evidence. We reject Lewis’s arguments and affirm. This […]
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