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STATE v. CURTIS

531 A.2d 674 (1987)

STATE of Maine v. Richard CURTIS.

Supreme Judicial Court of Maine.

Decided October 9, 1987.

Attorney(s) appearing for the Case

David W. Crook, Dist. Atty., Skowhegan, Wayne S. Moss (orally), Asst. Atty. Gen., Augusta, for plaintiff.

Geoffrey Brown (orally), Perkins, Townsend & Shay, Skowhegan, for defendant.

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

MEMORANDUM OF DECISION.

Richard Curtis appeals from the denial by the Superior Court (Somerset County) of his motion for a new trial based on newly discovered evidence. We conclude that the Superior Court was not clearly erroneous in finding that Curtis had failed to show the probability of a different result if on retrial the Court learned of the recantation. Accordingly, we affirm the judgment. See State v. Pierce, 438 A.2d 247

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