STATE v. ELLINGTON

No. 39838.

337 P.3d 639 (2014)

STATE of Idaho, Plaintiff-Respondent, v. Jonathan Wade ELLINGTON, Defendant-Appellant.

Supreme Court of Idaho, Coeur d'Alene, September 2014 Term.

October 29, 2014.


Attorney(s) appearing for the Case

Sara B. Thomas , State Appellate Public Defender, Boise, for appellant. Erik R. Lehtinen argued.

Hon. Lawrence G. Wasden , Attorney General, Boise, for respondent. Mark W. Olson argued.


J. JONES, Justice.

Jonathan Wade Ellington was convicted of second-degree murder and two counts of aggravated battery. Ellington moved for a new trial, arguing that he discovered new material evidence that could not have been produced at trial through reasonable diligence. The evidence consisted of statements in a textbook authored by the State's accident reconstruction expert that, according to Ellington, directly conflicted...

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