State v. Morse
Annotate this CaseAfter a jury trial, Defendant was found guilty of sexual intercourse without consent. Based upon the post-trial statements of the alleged victim, Defendant filed a request for a new trial. The district court denied the request, concluding that the motion was time-barred and that no exception to the time bar applied. The Supreme Court reversed, holding that the district court abused its discretion when, in considering whether Defendant was entitled to a new trial, it failed to apply State v. Clark (Clark I) factors and instead directed Defendant to pursue postconviction relief to address the alleged victim’s post-trial statements; and (2) after applying the Clark I factors to the alleged victim’s post-trial statements in this case, it is clear the district court abused its discretion in denying a new trial.
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