State v. Strahl

KONENKAMP, Justice.

[¶ 1.] Defendant was convicted of first degree murder and grand theft. He moved for a new trial based on newly discovered evidence: the State’s key witness was twice convicted of perjury in an unrelated criminal case. Finding that the newly discovered evidence was material and probably would produce an acquittal on the first degree murder charge, the circuit court granted a new trial. On appeal, the State argues that the new evidence, being merely impeaching, was insufficient to support the grant of a new trial. We find no abuse of discretion because the newly discovered…