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Court Hears Argument Over Post‑Conviction Recantation; Counsel Dispute Need for Evidentiary Hearing
Summary
The Court considered whether a jailhouse witness recantation (Brandon Wright) constitutes newly discovered evidence requiring an evidentiary hearing or new trial for the appellant, who says the recantation undercuts the only direct testimony linking him to the shooting.
The Utah Court of Appeals heard argument in a post‑conviction matter about whether a jailhouse witness’s post‑trial recantation requires a remand for an evidentiary hearing or a new trial.
Mark Gaylord, counsel for the appellant identified in the record as Danny Logan, told the panel that Brandon Wright later told courts he had lied at trial and that the recantation was newly discovered, material evidence that could have changed the outcome. Gaylord described Wright’s written statement to the court: “I lied. I absolutely lied under oath and my testimony was not true,” and argued the trial court erred by deciding the recantation was not a basis for relief without an evidentiary hearing examining credibility and the recantation’s impact on…
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