State v. Caldwell

In reversing defendant's conviction for first-degree murder, the majority of the court departs from the traditional “probability” standard for determining whether newly discovered evidence warrants a new trial, adopts the Larrison “possibility” rule and applies the rule in circumstances where it has never before been applied by any state or federal court. I disagree with the ultimate decision to reverse defendant’s conviction and the manner in which the majority arrives at its decision. The majority fails to explain why the traditional rule is inadequate in these circumstances, why it chooses…