Motion for New Trial Admissible Evidence.

• Author: Hawkins, Derek

Byline: Derek Hawkins

WI Court of Appeals District IV

Case Name: State of Wisconsin v. Dennis B. Hassel

Case No.: 2020AP1301-CR

Officials: Blanchard, P.J., Fitzpatrick, and Graham, JJ.

Focus: Motion for New Trial Admissible Evidence

Dennis Hassel appeals a judgment of conviction for first-degree intentional homicide. He also appeals the circuit court's order denying his motion for a new trial. Hassel asks us to exercise our discretion to grant a new trial in the interest of justice. He argues that the real controversy was not fully tried because the jury was not presented with important fingerprint evidence of a third party's guilt. Hassel contends that this evidence was admissible pursuant to State v. Denny, 120 Wis. 2d 614, 357 N.W.2d 12 (Ct. App. 1984). Denny requires the application of a three-prong test in which the defendant must show the third party's (1) motive, (2) opportunity...