State v. Turnage

I respectfully dissent. I agree that Tur-nage has not yet satisfied his burden of proof to establish the right to a new trial because the presentation of the handwritten recantation statement by Quantez is not sufficient to do so. But I conclude that the recantation statement is sufficient to entitle Turnage to an evidentiary hearing. I reach that conclusion by first reformulating the analytical framework used by the majority because I believe the second Larrison factor, as traditionally applied by our court, does not completely address the issues presented by the recantation statement of…