Swonger v. State

Three issues are presented for review by this court:(1) Should the trial court have granted a new trial on the basis of newly discovered evidence;(2) Was it error to exclude alibi testimony when no notice of alibi was filed; and(3) Was the representation given by defense counsel so inadequate as to amount to no representation at all?

Newly discovered evidence.

To support his motion for a new trial, defendant presented to the trial court affidavits which allegedly show that someone else had committed the burglaries for which he was convicted. The affidavits were those of Sharon Cook and Twila…