State v. Noriega

KRUCKER, Judge.

This case is presently pending in this Court on the defendant’s appeal from a conviction of obstructing justice. No briefs have been filed because the defendant has filed a motion for remand to the Superior Court to enable him to move for a new trial on the ground of newly discovered evidence.

Appended to the motion for remand are two affidavits. The affidavit of a potential witness, Mr. Padilla, who was not available at the time of trial, sets forth the substance of the testimony he would give were a new trial ordered. The affidavit of appellate counsel is to the effect that…