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: Tenth Circuit Blog

New Trial Motion Denied; Evidence Not "Newly Discovered"

By Shari Allison

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US v. Shipp, 2008 WL 2043295 (10th Cir. 5/14/08) unpublished: Mr. Shipp (acting pro se) filed a second motion for new trial on his felon in possession conviction. This motion fares no better than his first. The allegedly newly found police documents were not newly found but had been mentioned at the trial. Regarding his other complaint, that his ex-wife and her son-in-law committed perjury against him at trial, was not newly discovered because he had complained about this in a letter to a state court in a prior legal proceeding before the trial in federal court and, besides, the district court had concluded there was overwhelming evidence to support the felon in possession conviction.

Full post as published by Tenth Circuit Blog on May 16, 2008 (boomark / email).

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