STATE v. EDER

No. 32579-5-1.

78 Wn. App. 352 (1995)

899 P.2d 810

THE STATE OF WASHINGTON, Respondent v. LEONARDO S. EDER, Appellant.

The Court of Appeals of Washington, Division One.

June 26, 1995.


Attorney(s) appearing for the Case

John Richard Quirk, for appellant.

Brenda Louise Bannon, for respondent.


BECKER, J.

Three years after a jury convicted Leonardo Eder of second degree child rape, his stepdaughter recanted the testimony that supported the conviction. Eder appeals from the denial of his personal restraint petition in which he sought a new trial. We hold that recantation testimony, a form of newly discovered evidence, warrants a new trial only if it is material; it is material only if it is true; and therefore the trial court did not err in making a threshold...

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