People v. Grissom

I concur with the majority that the four-part test set forth in People v Cress1 is used to determine whether a defendant has established entitlement to a new trial, and I further concur that newly discovered evidence that impeaches a witness may, in rare cases, be grounds for a new trial if it satisfies the Cress test. Specifically, I agree that a material, exculpatory connection must exist between the newly discovered evidence and significantly important evidence presented at trial, but I strongly disagree that “it may be of a general character and need not contradict specific testimony at…