Bean v. State

BURNETT, Judge.

This is a post-conviction relief case. Scott Bean is serving a fixed (determinate) life term of imprisonment for first degree murder. He seeks relief because a codefendant has recanted testimony adverse to him. The issue is whether the recantation “requires vacation of the conviction or sentence in the interest of justice____” I.C. § 19-4901(a)(4). The district court, focusing primarily upon the conviction, denied relief. Today, for reasons explained below, we uphold the district court’s ruling as to the conviction, but we remand the case for additional consideration relating…