Cody v. State

On March 26,1999, the trial court granted Cody’s motion for new trial, concluding that he had produced newly discovered exculpatory evidence in the form of testimony from Olanzier Baker. On April 6, 1999, the State filed a motion for reconsideration and urged that the trial court strike Baker’s testimony. On May 26,1999, the trial court granted the State’s motion, struck the testimony, vacated its original order, and denied the motion for new trial. Today, a majority of this Court reverses, on the basis that the State did not move to strike Baker’s testimony until after the trial court had…