Id. If the newly discovered evidence is of such a nature that it is not likely to be believed by the jury or to change the results of the original trial, the court's denial of the new trial motion is not an abuse of discretion. State v. Garcia, 462 N.W.2d 123, 124 (N.D. 1990). [¶ 23] Steinbach's attorney argued during the hearing on appeal that our decision in State v. Hegland, 355 N.W.2d 803 (N.D. 1984), is applicable here and warrants the granting of a new trial Hegland involved recanted testimony where a witness, after trial, asserted he had lied while testifying at the trial.

The Supreme Court of North Dakota affirmed the denial of the motion. State v. Garcia, 462 N.W.2d 123 (N.D. 1990). On June 17, 1991, Garcia filed this habeas petition, claiming that Reyes's testimony that Garcia stabbed Leek was uncorroborated, there was insufficient evidence to convict him, and his motion for new trial should have been granted.

This Court “look[s] upon recantation with suspicion and disfavor.” Greywind, at ¶ 19 (citing State v. Garcia, 462 N.W.2d 123, 124 (N.D.1990); Hegland, at 806). When a witness claims to have lied at trial, “the general rule is that a court should not grant a new trial unless the court is reasonably certain that the recantation is genuine.”

Id. If the newly discovered evidence is of such a nature that it is not likely to be believed by the jury or to change the results of the original trial, the court's denial of the new trial motion is not an abuse of discretion. State v. Garcia, 462 N.W.2d 123, 124 (N.D. 1990).State v. Steinbach, 1998 ND 18, ¶ 22, 575 N.W.2d 193. The information about Dr. Kottke's background was published in a 1993 article in the St. Paul Pioneer Press. This information was not hidden away, it was publicly disseminated in 1993 and easily accessible.

[¶ 19] Courts look upon recantation with suspicion and disfavor. See State v. Garcia, 462 N.W.2d 123, 124 (N.D. 1990); State v. Hegland, 355 N.W.2d 803, 806 (N.D. 1984). The district court appropriately examined the credibility of the recantations of Huynh and Berns.

A new trial will be granted only if "the evidence is of such a nature that it would probably produce an acquittal at a retrial." State v. Garcia, 462 N.W.2d 123, 124 (N.D. 1990). Hopfauf has presented no evidence of how any witnesses not called at trial would have testified or how they would have helped his case. [¶ 6] This court has cautioned defendants about the ineffectiveness of conclusory allegations about trial counsel's failure to call certain witnesses at trial.

This court will not set aside a trial court's denial of a motion for a new trial unless the trial court has abused its discretion in denying the motion. State v. Garcia, 462 N.W.2d 123 (N.D. 1990). Thiel asserts that there is insufficient evidence to support his conviction and also that the guilty verdict is against the weight of the evidence.

See Rule 33, N.D.R.Crim.P., Explanatory Note. A motion for a new trial because of newly discovered evidence rests in the discretion of the trial court, and we will not reverse a trial court's denial of a motion for a new trial unless the court abused its discretion. State v. Garcia, 462 N.W.2d 123 (N.D. 1990). In this case, the newly discovered evidence does not bear directly on any of the elements of the offense, but may have provided a basis for impeaching Wanzek. Generally, purely impeaching affidavits are insufficient grounds to grant a new trial.

State v. Erdman, 422 N.W.2d 511 (Minn. 1988); State v. Caldwell, 322 N.W.2d 574 (Minn. 1982); Development, supra, 67 Minn. L.Rev. 1314. Conversely, the credibility and probability test is followed in North Dakota in State v. Garcia, 462 N.W.2d 123 (N.D. 1990).