Stinchcomb v. State

Summary

The Supreme Court of Georgia held that the trial court erred by denying Stinchcomb’s extraordinary motion for a new trial without first holding an evidentiary hearing. Stinchcomb’s motion and supporting affidavit alleged facts that, if proven, could satisfy each requirement for relief based on newly discovered evidence, including materiality, non-cumulative character, and due diligence. The Court vacated the denial and remanded for an evidentiary hearing.