State v. Powell

JOHNSON, Justice.

This is a criminal case. The only issue presented is whether the trial court abused its discretion in denying defendant’s motion for a new trial based on newly discovered evidence. We conclude that the trial court did not abuse its discretion.

I

THE BACKGROUND AND PRIOR PROCEEDINGS.

The state charged Chester Leroy Powell with the first-degree murder of Carl Prebor. After a trial, the jury convicted Powell of second-degree murder.

Several days after the jury verdict, a member of the jury (the juror) contacted a local magistrate judge and informed the magistrate judge that during…