State v. Grover

555 A.2d 476, 1989 Me. LEXIS 49

Opinion

MEMORANDUM OF DECISION.

On September 4, 1985, James E. Grover was convicted of selling cocaine in a jury trial held in Superior Court (Franklin Coun ty; McKinley, J.). In this, his second appeal before the Law Court he alleges that the Superior Court (Franklin County; McKinley, J.) committed reversible error in denying his motion for a new trial.

The facts leading to Grover’s conviction for selling cocaine are laid out in State v. Grover (Grover I), 518 A.2d 1039 (Me. 1986). After his conviction, Grover brought a motion for a new trial based on the discovery that the sole witness for the prosecution, a police officer, admitted to falsifying police reports to protect informants. After hearing on the motion, the Superior Court determined that because the falsification was on a different case the defense had not proved that if admitted the evidence would have resulted in a different verdict.

The decision not to grant the motion for a new trial was not clear error and will not be disturbed. State v. Hardy, 501 A.2d 815, 816 (Me.1985).

The entry is:

Judgment affirmed.

All concurring.