I’m guessing that the criminal defense bar thinks that they have more strikes than hits in post-conviction proceedings. But a recent Court of Appeals case reminds us that it is possible to score on a motion for appropriate relief (MAR). In State v. Rhodes, the court affirmed a trial court ruling ordering a new trial on a MAR asserting a claim of newly discovered evidence. In a longer paper here about MARs generally I wrote about newly discovered evidence claims. But given the recent case, it seems a good time for a refresher. Rhodes is a great vehicle for that purpose. In Rhodes, the police suspected that the defendant and his father were involved with drugs. While executing a search warrant at the home of the defendant’s parents, officers found controlled substances in a closet and dresser in one room of the house. The defendant had identified the room as his and his identification, which listed the house as his residence, was found on the dresser. At the defendant’s trial on drug charges, defense evidence tended to show that the defendant was not living at the residence at the time. The defendant’s mother testified that he lived in another city, was just visiting on the night in question, and that he had been in the house only 5-10 minutes before the officers arrived. The defendant’s mother further testified that the drugs did not belong to her or the defendant. The defendant’s father also testified that the drugs did not belong to [...]
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