Graham v. People

DUBOFSKY, Justice.

We granted certiorari to review an unpublished court of appeals decision upholding the El Paso County District Court’s denial of the defendant’s motion for new trial based on newly discovered evidence. The evidence at issue showed that the district attorney’s office allowed a prosecution witness to misrepresent the scope of an agreement to dismiss pending charges against the witness in exchange for testimony against the defendant. The court of appeals upheld the denial of the motion for new trial because the evidence was available to the defendant at the time of trial and…