People v. Alexander

(Court opinion corrected 6/12/14.) Defendant was convicted, after jury trial, of possession of controlled substance with intent to deliver.se Court erred in dismissing Defendant's postconviction petition. Affidavit submitted with petition, which was signed by affiant after trial had occurred, was newly discovered evidence as it could not have been discovered prior to trial through exercise of due diligence. Evidence was material and not cumulative, as affiant stated that without Defendant's knowledge he had hidden scale and cocaine which belonged to him and not to Defendant. Court's consideration of reliability of affidavit was premature at this second stage of postconviction proceedings. New evidence would likely change result on retrial, as Defendant did not testify at trial, and evidence against him was circumstantial. (JORGENSEN and HUDSON, concurring.)