Alfred J. Nickels v. Ernest F. Durbano

In this appeal, the State of Idaho seeks reversal of the district courts order setting aside Michael Whiteleys conviction and granting a new trial because of material facts not presented to the jury and in the interest of justice. Because we hold that the evidence presented by Whiteley in the post-conviction proceeding was insufficient to entitle him to relief on the grounds of newly discovered evidence, we reverse the order of the district court awarding a new trial.