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STATE v. MCCALLUM

No. 95-1518-CR.

208 Wis.2d 463 (1997)

561 N.W.2d 707

STATE of Wisconsin, Plaintiff-Respondent-Petitioner, v. Ronald W. MCCALLUM, Defendant-Appellant.

Supreme Court of Wisconsin.

Decided April 18, 1997.

Attorney(s) appearing for the Case

For the plaintiff-respondent-petitioner there were briefs by Sharon Ruhly, assistant attorney general, and James E. Doyle, attorney general and oral argument by Sally L. Wellman, assistant attorney general.

For the defendant-appellant there was a brief by Steven L. Miller and Miller & Miller, Green Bay and oral argument by Steven L. Miller.

¶ 1. WILLIAM A. BABLITCH, J.

Ronald V. Mc Callum (McCallum) was convicted of second degree sexual assault of H.L., a minor, under Wis. Stat. § 948.02 (2). The prosecution was based solely on H.L.'s uncorroborated testimony. One year after McCallum was convicted, H.L. recanted her accusation. Relying on H.L.'s recantation, McCallum filed a post-conviction motion to withdraw his Alford plea. Concluding that H.L.'s recantation was "less credible" than her original...

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