STATE v. MORELAND

No. 30,301.

185 P.3d 363 (2008)

2008-NMSC-031

STATE of New Mexico, Plaintiff-Petitioner, v. Steven R. MORELAND, Defendant-Respondent.

Supreme Court of New Mexico.

May 9, 2008.


Attorney(s) appearing for the Case

Gary K. King, Attorney General, Anita Carlson, Assistant Attorney General, Santa Fe, NM, for Petitioner.

Doerr & Knudson, P.A., Stephen E. Doerr, Portales, NM, for Respondent.


OPINION

SERNA, Justice.

{1} Today we consider whether the trial court erred when it granted Defendant's motion for new trial (1) fourteen months after it was filed and (2) based on newly-discovered evidence. We hold that, based on the unusual facts and circumstances of this case, Defendant has presented newly-discovered evidence upon which he was properly granted a new trial. We therefore affirm the Court of Appeals.

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