Opinion

State v. Plude

  • 310 Wis. 2d 28
  • 750 N.W.2d 42
  • 2008 WI 58
  • 2008 Wisc. LEXIS 309
Court
Wisconsin Supreme Court
Filed
Jun 10, 2008
Status
Published
Author
Butler
On the bench
Roggensack, Butler, Ziegler
Cited by
94 cases

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.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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