Postconviction Relief – Trial Testimony Recanted 

Posted: 1:00 am Mon, March 22, 2010
By admin
Tags: Postconviction Relief

Where petitioner was convicted of criminal sexual conduct involving his intermittent girlfriend; and petitioner later sought relief based on an acquaintance’s affidavit which stated, the victim “conveyed to me that she had consensual sex with [defendant] on the occasion that she had testified that he had raped her”; we conclude that the District Court did not err by concluding that the victim’s recantation was not extraordinary or unusual and did not justify a new trial.

Affirmed.