WHITELEY v. STATE

No. 23678.

955 P.2d 1102 (1998)

131 Idaho 323

Michael D. WHITELEY, Petitioner-Respondent, v. STATE of Idaho, Respondent-Appellant.

Supreme Court of Idaho, Boise, September 1997 Term.

Rehearing Denied April 2, 1998.


Attorney(s) appearing for the Case

Allen G. Lance, Attorney General, Michael A. Henderson, Deputy Attorney General, Boise, for respondent-appellant. Michael A. Henderson argued.

Radin & Webb, Idaho Falls, for petitioner-respondent. John L. Radin argued.


WALTERS, Justice.

In this appeal, the State of Idaho seeks reversal of the district court's order setting aside Michael Whiteley's conviction and granting a new trial because of material facts not presented to the jury and in the interest of justice. Because we hold that the evidence presented by Whiteley in the post-conviction proceeding was insufficient to entitle him to relief on the grounds of newly discovered evidence, we reverse the order of the district court...

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