State v. Ruybal

McKUSICK, Chief Justice.

After their convictions in separate jury trials presided over by the same Superior Court justice, both defendants presented motions for new trials based on the same newly discovered evidence. The motions were denied by a second justice assigned after the first justice had died. On appeal, defendants assert that the successor justice abused his discretion in concluding he was able to perform his duties adequately and that, in any event, the justice erred in denying the motions because the newly discovered evidence warrants the granting of a new trial in each case. We…