Abuse of Discretion Newly Discovered Evidence.

Byline: Derek Hawkins

WI Court of Appeals District I

Case Name: State of Wisconsin v. Jerry Simone Wilson

Case No.: 2018AP534

Officials: Kessler, P.J., Brennan and Dugan, JJ.

Focus: Abuse of Discretion Newly Discovered Evidence

Jerry Simone Wilson appeals the order denying his motion for postconviction relief based on newly discovered evidence. Wilson was convicted of first-degree reckless homicide with use of a dangerous weapon and two counts of recklessly endangering safety with use of a dangerous weapon, following a jury trial.

Wilson argues that the postconviction court erroneously exercised its discretion when it denied his motion for a new trial based upon newly discovered evidence that could be provided by a witness who did not testify at trial. We conclude that the postconviction court...