Whiteley v. State

WALTERS, Justice.

In this appeal, the State of Idaho seeks reversal of the district court’s order setting aside Michael Whiteley’s conviction and granting a new trial because of material facts not presented to the jury and in the interest of justice. Because we hold that the evidence presented by Whiteley in the post-conviction proceeding was insufficient to entitle him to relief on the grounds of newly discovered evidence, we reverse the order of the district court awarding a new trial.

The Court of Appeals affirmed Michael Whiteley’s 1991 judgment of conviction and sentences for first degree…