State v. Preston

CLIFFORD, Justice.

The State appeals from an order of the Superior Court, Washington County, granting defendant Darien Preston’s motion for a new trial on the ground of newly discovered evidence. See 15 M.R.S.A. § 2115-A (1980 & Supp.1986) and M.R.Crim.P. 37B. The State contends that the motion justice erred in granting a new trial solely on the basis of inadmissible hearsay testimony. Because we determine that Preston failed to establish a reasonable likelihood that the testimony would be admissible at trial, we vacate the Superior Court’s order.

I

After a jury trial in September 1985, the…