Martin v. State

ROGOSHESKE, Justice.

Donald Wayne Martin appeals from an order denying his petition for postconviction relief which requested a new trial on the ground of newly discovered evidence. The sole issue is whether the postconviction court abused its discretion by refusing to grant the petition. Where credible newly discovered evidence is so material as to make probable a different result on retrial, a new trial may be required. We conclude, however, that the newly discovered evidence in this case does not meet these criteria and that, therefore, the trial court acted properly in denying relief.

On…