Evidentiary Hearing Newly Discovered Evidence.

• Author: Hawkins, Derek

Byline: Derek Hawkins

WI Court of Appeals District I

Case Name: State of Wisconsin v. Robert M. Anderson, Jr.,

Case No.: 2020AP2131-CR

Officials: Brash, C.J., Dugan and White, JJ.

Focus: Evidentiary Hearing Newly Discovered Evidence

Robert M. Anderson, Jr. appeals his judgment of conviction after entering pleas to charges of second-degree reckless homicide by use of a dangerous weapon and possession of a firearm by a felon. He also appeals the order denying his motions for postconviction relief.

In Anderson's first postconviction motion, he sought to withdraw his pleas on the grounds that he received ineffective assistance of counsel because counsel did not advise him that he could receive the maximum penalty. He further asserted that his sentence was unduly harsh and excessive, and sought resentencing. The trial court rejected those claims and denied that motion without a hearing.

Anderson then filed a supplemental postconviction motion claiming that he had newly discovered evidence in the form of an affidavit by a witness who stated that he saw Anderson's brother commit the homicide. In the alternative, Anderson sought resentencing on the grounds that the trial court improperly considered Anderson's race as...