People v. Cress

We granted leave to appeal to consider whether the trial court abused its discretion in denying defendant’s motion for relief from judgment on the basis of a new, third-party confession. We hold that the trial court did not abuse its discretion when it concluded that the third-party confessor was not credible and that the confession, therefore, did not make a different result probable on retrial. The trial court’s decision necessarily hinged on determinations of credibility and was supported by the evidence. The Court of Appeals impermissibly substituted its judicial opinion for that of the…