STATE v. TRUMAN

Nos. 93-0660, 93-0661.

187 Wis.2d 622 (1994)

523 N.W.2d 177

STATE of Wisconsin, Plaintiff-Respondent, v. Kenneth TRUMAN, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided September 22, 1994.


Attorney(s) appearing for the Case

For the defendant-appellant the cause was submitted on the briefs of Richard B. Jacobson of Borns, Macaulay & Jacobson of Madison.

For the plaintiff-respondent the cause was submitted on the brief of James E. Doyle, attorney general, and G. M. Posner-Weber, assistant attorney general, of Madison.

Before Gartzke, P.J., Dykman and Sundby, JJ.


SUNDBY, J.

Kenneth Truman seeks to withdraw guilty pleas he entered May 28, 1981, to charges that he sexually assaulted his stepdaughters, Tina and Sherri. He claims that newly-discovered evidence and conflicts in his stepdaughters' statements to the police entitle him to a trial to correct "manifest injustice." The newly-discovered evidence is that almost a year after the alleged assaults of Sherri, her hymen was intact. Truman argues that such evidence impeaches...

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