Abuse of Discretion - Newly Discovered Evidence.


Byline: Derek Hawkins

WI Court of Appeals District I

Case Name: State of Wisconsin v. Andre L. Thornton

Case No.: 2018AP871-CR

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

Focus: Abuse of Discretion - Newly Discovered Evidence

Andre L. Thornton appeals a judgment of conviction, following a jury trial, for one count of first-degree reckless homicide, as a party to a crime. He also appeals the order denying his postconviction motion.

Thornton argues that the trial court erroneously exercised its discretion when it denied his motion for a new trial based on newly discovered evidence that one of the State's witnesses had perjured himself ten years earlier in a federal court proceeding. We disagree and affirm because we conclude that the trial court properly determined that the proffered impeachment...

To continue reading