State v. McCallum

SHIRLEY S. ABRAHAMSON, CHIEF JUSTICE

¶ 33. (concurring). I agree with the mandate but write separately to elaborate on the two major issues I believe are raised in the present case. The first is the standard of review applied by an appellate court to a circuit court's denial of a motion for a new trial based on recantation testimony. The second is the legal standard a circuit court applies to determine whether there is a reasonable probability of a different outcome were the fact finder to hear the evidence presented at the *481initial proceeding and to hear the recantation and other new evidence.…