People v. Bonan

Opinion by

JUDGE TAUBMAN

T1 Defendant, Philip Michael Bonan, appeals the order. denying his motion for post-conviction relief under Crim. P. 85(c), in which he asserts that newly discovered evidence entitles him to a new trial. Because we conclude that academic theories addressed in research studies do not constitute evidence, and, therefore, cannot constitute new evidence, we affirm.

I. Background

2 In 1988, Bonan was charged with four counts of sexual assault on a child-position of trust, and four counts of second degree assault on a child. The charges stemmed from allegations by Bonan's…