(Download) "State v. Wingo" by State of Wisconsin in Court of Appeals District I ~ Book PDF Kindle ePub Free
eBook details
- Title: State v. Wingo
- Author : State of Wisconsin in Court of Appeals District I
- Release Date : January 12, 2008
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 55 KB
Description
1 Andre Derrick Wingo appeals from an order denying his post-conviction motions. The issues are whether Wingo is entitled to: (1) post-conviction deoxyribonucleic acid ("DNA") testing; (2) withdrawal of his Alford plea to third-degree sexual assault; and/or (3) a new trial for trial counsels ineffectiveness for failing to conduct discovery, and because of newly discovered evidence.We conclude that Wingo is not entitled to post-conviction relief because: (1) there is not now and never was any physical evidence to test; (2) neither the absence of physical evidence nor the collateral consequence of sex offender registration constitutes a manifest injustice necessary for post-sentence plea withdrawal; and (3) trial counsel was not ineffective for failing to discover nonexistent physical evidence when the prosecution against Wingo depended upon the testimony of Wingos former girlfriend, and the lack of physical evidence does not constitute newly discovered (non)evidence. Therefore, we affirm.