State v. Cadigan

A jury convicted defendant of harassment for slapping a police officer on the arm. The trial court granted defendant’s motion for a new trial on the basis of newly discovered evidence. The state appeals, contending that the evidence was neither newly discovered nor undiscoverable through the exercise of reasonable diligence under the applicable civil procedure rule. We reverse because the trial court incorrectly concluded that the evidence was newly discovered.

Defendant and Patrick Maher lived together with their children and defendant’s adult son, Devon Ratliff. Four City of Portland Police…