State v. Pona

OPINION

Justice INDEGLIA,

for the Court.

The defendant, Darrell E. Pona (defendant or Pona), appeals from an adjudication of probation violation in Superior Court. Pona argues on appeal that the hearing justice acted arbitrarily and capriciously when he found that the defendant violated his probation. The defendant also argues that he is entitled to a new violation hearing based on newly discovered evidence including photographs and evidence that is “material to the credibility of the sole eyewitness” to the defendant’s conduct. He contends that, as a result, he was denied due process and…