STATE v. WALTER

No. 96-K-1702.

695 So.2d 1340 (1997)

STATE of Louisiana v. Sullivan WALTER.

Supreme Court of Louisiana.

June 20, 1997.


Granted. This case is remanded to the Fourth Circuit for reconsideration. The correct standard for determining the materiality of the evidence in this case is not the outcome-determinative test provided by La.C.Cr.P. art. 851(3) for the granting of new trials on the basis of newly discovered evidence, i.e., whether the petitioner has shown more probably than not a different result will follow a second trial in which all evidence material to the issue of guilt or punishment...

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