Reseña de Gist v. State

Gist v. State de Supreme Court of the United States Resumen del Libro

In this appeal from the denial of successive motions for a new trial, Steve Louis Gist poses two issues. The first is whether the trial court erred in denying a motion for a new trial based upon newly discovered evidence, the testimony of Gists brother, Roger, that he in fact had committed the offense of which Gist was convicted. After that motion was denied, a second motion for a new trial was presented based upon ineffective assistance of counsel. The gravamen of this contention was the manner in which the brothers potential testimony was dealt with at the time of Gists trial. In the clear light of the standards relating to newly discovered evidence, the trial court did not err in denying the first motion for a new trial. We conclude, however, that the trial court did err in denying the second motion for a new trial, and we reverse and remand with instructions that the court vacate Gists conviction and grant him a new trial.

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