(Download) "State Wisconsin v. Elmer F. Wyss" by United States Court of Appeals " Book PDF Kindle ePub Free
eBook details
- Title: State Wisconsin v. Elmer F. Wyss
- Author : United States Court of Appeals
- Release Date : January 28, 1985
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 99 KB
Description
The State of Wisconsin (State) petitions for review a decision of the court of appeals which granted the defendant, Elmer F. Wyss (Wyss), a new trial, in the interest of Justice. In a jury trial which commenced on July 20, 1982, Wyss was found guilty of the first-degree murder of his wife, Dorthy Wyss. We find from a review of the record that the circumstantial evidence in this case was strong enough to exclude to a moral certainty every reasonable hypothesis of the defendants innocence. We hold that before a new trial may be granted because of an alleged miscarriage of Justice, the reviewing court must find a substantial degree of probability that a new trial will produce a different result. The court of appeals failed to make that finding and therefore erred as a matter of law in granting the new trial. We conclude there is hardly a remote possibility, much less a substantial degree of probability, that a new trial would produce a different result. Accordingly, we reverse the court of appeals and reinstate the judgment of conviction.
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