Supreme Court of Kansas January 10, 2020, 114312 (– State v. Lyman –)

IN THE SUPREME COURT OF THE STATE OF KANSAS

No. 114,312

STATE OF KANSAS,

Appellee,

v.

CHRISTOPHER LYMAN,

Appellant.

SYLLABUS BY THE COURT

1.

To establish the right to a new trial based on newly discovered evidence, a

criminal defendant must show: (1) that the newly proffered evidence could not have been

produced at trial with reasonable diligence; and (2) that it is of such materiality that it