State v. Moncla, 273 Kan. 856

46 P.3d 1162 (2002) · Supreme Court of Kansas · May 31, 2002 · No. No. 86,322

Summary

The Supreme Court of Kansas reviewed the denial of David A. Moncla's motion for a new trial based on newly discovered evidence, including inmate affidavits and testimony alleging that another person was involved in the murder. Applying an abuse-of-discretion standard, the court upheld the district court's credibility and materiality determinations and affirmed the denial of a new trial.

Holdings

  1. The district court did not abuse its discretion in denying Moncla's motion for a new trial because the affidavits and hearing testimony were internally inconsistent, suspect, and insufficiently material to create a reasonable possibility of a different result at a new trial.

Questions Presented

  1. Whether the district court abused its discretion by denying Moncla's motion for a new trial based on newly discovered evidence after conducting an evidentiary hearing.

Disposition

affirmed

Cases Cited (3)

  • State v. Moncla, 262 Kan. 58, 936 P.2d 727 (1997)(followed)
  • State v. Moncla, 269 Kan. 61, 4 P.3d 618 (2000)(followed)
  • State v. Thomas, 257 Kan. 228, 891 P.2d 417 (1995)(followed)

Cited In (0)

No citing cases on record yet.

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