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GRAHAM v. PEOPLE

No. 83SC374.

705 P.2d 505 (1985)

Otto GRAHAM, Petitioner, v. The PEOPLE of the State of Colorado, Respondent.

Supreme Court of Colorado, En Banc.

Rehearing Denied September 23, 1985.

Attorney(s) appearing for the Case

Robert A. Millman, Colorado Springs, for petitioner.

Duane Woodard, Atty. Gen., Charles B. Howe, Chief Deputy Atty. Gen., Richard H. Forman, Sol. Gen., Virginia Byrnes Horton, Asst. Atty. Gen., Denver, for respondent.

DUBOFSKY, Justice.

We granted certiorari to review an unpublished court of appeals decision upholding the El Paso County District Court's denial of the defendant's motion for new trial based on newly discovered evidence. The evidence at issue showed that the district attorney's office allowed a prosecution witness to misrepresent the scope of an agreement to dismiss pending charges against the witness in exchange for testimony against the defendant. The court of appeals...

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