State v. Savaria

Steven Savaria appeals his convictions for felony harassment and intimidating a witness. The State concedes error regarding the conviction for felony harassment because the jury was not instructed to find all of the elements nécessary to elevate harassment to a felony. We reverse both convictions because the trial court’s denial of Savaria’s motion for a new trial based on newly discovered evidence was an abuse of discretion. We also discuss those other issues raised by Savaria which are likely to recur on retrial.

FACTS

Savaria and the alleged victim (Karelson) had a stormy relationship. As a…