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Materials - The Network of Trial Law Firms

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test.” Martin v. State, No. A12-0089, slip op. at 14-15 (Jan. 30, 2013) (attached). UnderLarrison, a new trial is necessary when the court is reasonably well-satisfied that 1) the testimonyin question was false, 2) without the testimony, the jury might have reached a differentconclusion, and 3) the petitioner was surprised by the false testimony at trial or did not know <strong>of</strong>its falsity until after trial. Id. (citing State v. Turnage, (Turnage II), 729 N.W.2d 593, 597 (Minn.2007)). “<strong>The</strong> third prong is relevant, but not an ‘absolute condition precedent’ to a new trial.”Martin, slip op. at 10 (citing Opsahl v. State, (Opsahl II), 710 N.W.2d 776, 782 (Minn. 2006)).<strong>The</strong> postconviction court must view the evidence in the light most favorable to the petition whendetermining whether to grant a hearing. See Minn. Stat. § 590.04 (A postconviction hearing isrequired unless the evidence presented, considered in the light most favorable to the petitioner,conclusively show that the petitioner is not entitled to relief). Moreover, “an evidentiary hearingis <strong>of</strong>ten necessary to resolve credibility determinations regarding a recanting witness’sssconflicting statements.” Martin, slip op. at 10 (citations omitted).Martin’s claim <strong>of</strong> witness recantation was markedly similar to Olson’s claim <strong>of</strong> Todd’srecantation. Like Olson, Martin filed a petition for postconviction approximately two years hismurder conviction was affirmed. In that petition, Martin raised a number <strong>of</strong> claims, including anassertion that the two eyewitnesses who identified Martin as the shooter had recanted. Martin,slip op. at 7.<strong>The</strong> first witness, Pettis, testified at trial that he saw Martin and his co-defendant,Jackson, with guns and running toward the house where the victim was found dead. Id. at 12.Pettis claimed that after hearing the gunshots, he saw Martin and Jackson get into a white car andflee the scene. Id. Pettis later provided an affidavit, stating he “wished to make a wrong right,”

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