Brown v. State

I would reverse the order of the trial court denying Brown’s motion for a new trial. I would do that for two reasons. First, I believe that the motion for a new trial should have been granted as a matter of justice. Second, I believe that the adaptation of the test from Larrison v. United States, 24 F.2d 82 (7th Cir.1928), as gloss upon the rule articulated in Opie v. State, 422 P.2d 84 (Wyo.1967), converts our standard for evaluating a motion for a new trial premised upon newly discovered evidence from an objective to a subjective standard. In doing so, we transfer the task of evaluating the…