Downes v. State

In this appeal, we consider the relationship between a motion for postconviction relief under Superior Court Criminal Rule 61 and a motion for a new trial under Superior Court Criminal Rule 33. Defendant filed a Rule 61 motion and argued, among other things, that he is entitled to relief because of newly discovered evidence. The trial court rejected the newly discovered evidence claim for several reasons, including the fact that under Rule 33 such a claim must be brought within two years of the final judgment. Although we agree that the claim fails, we find nothing in the relevant rules to…