– State v. Lyman –

IN THE SUPREME COURT OF THE STATE OF KANSAS No. 114,312 STATE OF KANSAS, Appellee, v. CHRISTOPHER LYMAN, Appellant. SYLLABUS BY THE COURT 1. To establish the right to a new trial based on newly discovered evidence, a criminal defendant must show: (1) that the newly proffered evidence could not have been produced at trial with reasonable diligence; and (2) that it is of such materiality that it would be likely to produce a different result upon retrial. 2. Three essential elements must exist in a claim alleging violation of Brady v. Maryland, 373 U.S. 83, 83 S. Ct. 1194,

10 L. Ed. 2d 215

(1963):…