GREEN BAY, WI (WTAQ-WLUK) – Shaquille Hamilton’s conviction for a 2019 shooting on the east side was upheld Tuesday by the state Court of Appeals.
Hamilton, who was 16 at the time of the shooting and is now 23, was convicted of attempted first-degree intentional homicide for shooting Davon Smith. He was sentenced to 10 years in prison.
After the conviction, the trial court judge denied a motion for a new trial based on witnesses changing their story about what happened. Hamilton appealed, but in today’s ruling, the appeals court confirmed that decision.
“Accordingly, the circuit court did not erroneously exercise its discretion by denying Hamilton a new trial based upon newly discovered evidence. The court’s findings and conclusions that the witnesses were incredible, that there was no reasonable likelihood of a different result if the matter were retried, and that their testimony was not corroborated were all supported by the record,” the decision states.
The appeals court also said the trial court was correct in limiting evidence about the victim’s criminal past.
A request for a new trial in the interests of justice was also rejected.
“Hamilton’s above arguments on this point all assume that we agree that the circuit court erroneously exercised its discretion by refusing to grant him a new trial based on newly discovered evidence and by refusing to admit the McMorris convictions. Because we do not agree that the circuit court erred in those respects, Hamilton is not entitled to a new trial in the interest of justice,” the ruling states.
Hamilton is currently at the Waupun Correctional Institution, state records show.
Comments