Legal Opinion

State v. David McAlister, Sr.

Wisconsin Supreme Court

Decided April 17, 2018No. 2014AP002561PublishedCited by 17 opinions

1Opinion of the CourtPatience Drake Roggensack, C.J.

*689*80¶ 1 In January 2007, a jury convicted David McAlister, Sr. ("McAlister") of attempted armed robbery (threat of force), armed robbery (threat of force) and possession of a firearm by a felon for crimes that occurred in late 2004. At trial, the State presented testimony from Nathan Jefferson ("Jefferson") and Alphonso Waters *690("Waters"). They testified that McAlister was their accomplice in the robberies.

¶ 2 In 2014, McAlister filed the Wis. Stat. § 974.06 motion for a new trial that is now before us. He alleged that he had newly discovered evidence represented by the affidavits of three men…

2Cases cited27 opinions

  1. Herrera v. CollinsSupreme Court of the United States · 1993
  2. United States v. MandujanoSupreme Court of the United States · 1976
  3. State v. MacHnerWisconsin Supreme Court · 1979
  4. Vonaire T. Washington v. Judy Smith, Warden, Oshkosh Correctional InstitutionCourt of Appeals for the Seventh Circuit · 2000
  5. State v. BentleyWisconsin Supreme Court · 1996

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3Cited by17 opinions

  1. Arnold v. DittmannCourt of Appeals for the Seventh Circuit · 2018
  2. Michael Gilbreath v. Dan WinkleskiCourt of Appeals for the Seventh Circuit · 2021
  3. State v. Theophilous RuffinWisconsin Supreme Court · 2022
  4. Ashby v. StateUtah Supreme Court · 2023
  5. State v. TennerCourt of Appeals of Wisconsin · 2019

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