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STATE v. WALKER

510 A.2d 1064 (1986)

STATE of Maine v. Ira WALKER.

Supreme Judicial Court of Maine.

Decided June 5, 1986.

Attorney(s) appearing for the Case

R. Christopher Almy, Dist. Atty., Philip Worden, Asst. Dist. Atty. (orally), Bangor, for plaintiff.

Vafiades, Brountas & Kominsky, Jeffrey Hjelm (orally), Bangor, for defendant.

Before McKUSICK, C.J., and NICHOLS, WATHEN, GLASSMAN and SCOLNIK, JJ.

WATHEN, Justice.

Defendant Ira Walker appeals from an order of the Superior Court (Penobscot County) denying his motion for a new trial based on newly discovered evidence. Defendant argues on appeal that the Superior Court violated M.R.Crim.P. 33 in denying his motion without affording an opportunity for a testimonial hearing. Alternatively, he argues that the denial of an opportunity to be heard on the motion in oral argument requires reversal. Contrary to dictum...

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