State v. Messa

OPINION

FAY, Chief Justice.

This case comes before us on appeal by the defendant, Thomas Messa, from a Superior Court decision denying his motion for a new trial on the grounds of newly discovered evidence. The defendant alleges error by the hearing justice in two instances: (1) the hearing justice abused her discretion in failing to permit the defendant to reopen his case, and (2) the hearing justice overlooked and misconceived material evidence and was otherwise clearly wrong in ruling that the evidence (a) was not newly discovered, (b) was merely cumulative, and (c) was not likely to change…