No. 02-1718-CR.

263 Wis.2d 349 (2003)

2003 WI App 84

661 N.W.2d 105

STATE of Wisconsin, Plaintiff-Respondent, v. Frederick ROBERTSON, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided March 26, 2003.

Attorney(s) appearing for the Case

On behalf of the defendant-appellant, the cause was submitted on the briefs of Jefren E. Olsen, assistant state public defender.

On behalf of the plaintiff-respondent, the cause was submitted on the brief of James E. Doyle, attorney general, and Marguerite M. Moeller, assistant attorney general.

Before Brown, Anderson and Snyder, JJ.

¶ 1. BROWN, J.

After a jury convicted him of second-degree sexual assault, Frederick Robertson discovered that the prosecutrix had been treated for depression with psychotic features around the time of the incident. Robertson now alleges that this newly discovered evidence could have been material to the jury determination of his guilt. The newly discovered evidence test is comprised of five factors. This appeal concerns how to implement the third and fifth newly...

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