State v. Charbonneau

¶ 1. Defendant appeals from the trial court’s denial of a motion for new trial based on newly discovered evidence. Defendant’s conviction for simple assault, following a jury trial, arose out of a physical confrontation between defendant and complainant. On appeal, defendant argues that the trial court erred in concluding defendant failed to show that the new evidence: (1) would probably have changed the result of the jury trial, and (2) could not have been discovered before the trial by the exercise of due diligence. We affirm.

¶2. In May 2007, defendant’s wife was involved in a car accident.…