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California Supreme Court

Dec. 5, 2012

Recanted expert witness testimony not enough for a new trial, state high court rules

A man convicted of murder largely on the basis of an expert witness who later recanted isn't entitled to a new trial, the state Supreme Court ruled Monday in a 4-3 decision.


By Emily Green


Daily Journal Staff Writer


A man convicted of murder largely on the basis of an expert witness who later recanted is not entitled to a new trial, the state Supreme Court ruled Monday in a 4-3 decision.


The decision sets a high bar for criminal defendants seeking habeas relief on the basis of an expert witness' recantation, establishing that the court will only provide relief when the original testimony is proven to be "...

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