State v. Blue

BOWEN, Presiding Judge.

The State has filed a petition for writ of mandamus asking this Court to compel the circuit court to set aside its order granting a new trial in a criminal case.

Clifford Earl Blue was found guilty by a jury and convicted of assault in the third degree. Defense counsel timely filed a motion for new trial alleging the existence of newly discovered evidence. On November 25, 1992, the trial court granted the motion for new trial with the following order:

“A hearing was had on defendant’s ‘motion for new trial.’ It was proven that the State’s witness provided testimony…