Opinion
No. 121189 (72) (78) (79) (80).
October 23, 2002.
COA: 225855, Calhoun CC: 84-002098-FC
By order of June 18, 2002, this case was remanded to the Calhoun Circuit Court to conduct an evidentiary hearing on the defendant's claim that material and exculpatory evidence was destroyed in bad faith by the prosecutor. The Calhoun Circuit Court having filed its opinion and order of August 16, 2002, the application for leave to appeal and the motion to strike are again considered. The defendant's motions for immediate consideration and for expedited preparation of the transcript of the evidentiary hearing conducted pursuant to this Court's order of June 18, 2002, are considered. The motion to strike is DENIED. The motion for immediate consideration and the motion to expedite are GRANTED. The court reporter is ordered to prepare and file the transcript of the August 7 and 8, 2002 evidentiary hearing expeditiously. The application for leave to appeal is also considered and it is GRANTED, limited to whether the defendant is entitled to a new trial on the basis that there is newly discovered evidence in the form of a confession by another to the crime of which the defendant was convicted.