stating that a court only reaches the issue of whether there is a reasonable probability that a jury hearing both the old and the new evidence would have a doubt as to the 14 No. 2020AP369 defendant’s guilt, if the defendant is able to prove the four criteria to establish that he has newly discovered evidence
How later courts described this case
- stating that a court only reaches the issue of whether there is a reasonable probability that a jury hearing both the old and the new evidence would have a doubt as to the 14 No. 2020AP369 defendant’s guilt, if the defendant is able to prove the four criteria to establish that he has newly discovered evidence
- concluding that where an expert witness lied about his credentials, the reliability of the expert’s substantive testimony may have been affected
- concluding that granting a new trial in the interest of justice was required without analyzing whether the case was exceptional
- finding that an expert’s lie about a credential may have affected the reliability of his essential testimony
Written by the judges who cited it.
The opinion
LOUIS B. BUTLER, JR., J.
¶ 51. {concurring). I join the majority opinion. I write separately because I also agree with Justice Ziegler that this matter can he reversed pursuant to Wis. Stat. § 751.06 , discretionary reversal, as the real controversy has not been fully tried. I therefore respectfully concur.