State v. Tyrrell

In this appeal from a conviction of murder, Appellant has moved to remand the case to the circuit court to permit Appellant to move for a new trial under Rule 33 H.R.Cr.P. upon the ground of newly-discovered evidence, being the recantation of a prosecution witness.

Rule 33, H.R.Cr.P. provides:

The court may grant a new trial to a defendant if required in the interest of justice. If trial was by the court without a jury the court may vacate the judgment if entered, take additional testimony and direct the entry of a new judgment. A motion for a new trial based on the ground of newly discovered…