STATE v. HAWKINS

No. 89369-1.

332 P.3d 408 (2014)

181 Wn.2d 170

STATE of Washington, Respondent, v. Edwin Troy HAWKINS, Petitioner.

Supreme Court of Washington, En Banc.

August 7, 2014.


Attorney(s) appearing for the Case

Carl Edward Hueber , Collette C. Leland , Winston & Cashatt, Spokane, WA, for Petitioner.

Steven Michael Clem , Douglas County Prosecuting Attorney, Walter Gordon Edgar , Attorney at Law, Waterville, WA, for Respondent.


OWENS, J.

¶ 1 After a defendant is convicted of a crime, the trial court may order a new trial if the defendant produces newly discovered evidence that is material and could not have been discovered with reasonable diligence and produced at trial. CrR 7.5(a)(3). We give a trial court a great deal of deference when it orders a new trial because it is in the best position to weigh the evidence and because it has no incentive to crowd its docket with frivolous retrials...

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