Crosby v. State

¶1 Appellant Daniel B. Crosby (Crosby) appeals from the denial of his petition for postconviction relief following his conviction in 1996 for sexual intercourse without consent. Crosby premised his petition in part on the fact that the victim, Crosby’s daughter, recanted her testimony nine years later. We reverse and remand.

¶2 We rephrase and address the following issues on appeal:

¶3 1) Did the District Court apply the proper standard to evaluate whether the new testimony entitled Crosby to postconviction relief, when it concluded as a matter of law that the victim’s recanting testimony was…