State v. Gehm

KONENKAMP, Justice.

[¶ 1.] In this case we must decide whether documents augmenting an alibi defense, and other evidence, all discovered after trial, merit granting a new trial. Papers defendant found in her possession after her convictions for multiple statutory rapes tended to prove that she was not present at one of the times charged. Nonetheless, the trial court denied her new trial motion and we affirm, concluding that because her late discovery of evidence was the result of her own lack of diligence, and'the new evidence fails to give her a conclusive alibi, the trial court’s ruling was…