On Point blog, page 2 of 2
Plea-Withdrawal – Pre-Sentence – Newly Discovered Evidence – Recantation
State v. Dennis J. Kivioja, 225 Wis.2d 271, 592 N.W.2d 220 (1999), on certification
For Kivioja: Mark G. Sukowaty.
Issue/Holding: Kivioja pleaded guilty after his codefendant, Stehle, implicated him in a string of burglaries. Following his own sentencing and prior to Kivioja’s, Stehle recanted and Kivioja moved to withdraw his pleas. The trial court denied the motion after a hearing; the court of appeals certified the appeal,
Trial Court Finding that Proffered Newly Discovered Evidence “Incredible”
State v. Robert Carnemolla, 229 Wis.2d 648, 600 N.W.2d 236 (Ct. App. 1999)
For Carnemolla: Robert T. Ruth
Issue/Holding: No error found in trial court’s credibility-bound denial of new trial based on newly discovered evidence claim:
In the instant case, the trial court found Sautier to be “incredible.” It also found “that a jury would [not] find []his testimony credible.” Under McCallum,