Ramsey v. State, 833 N.W.2d 478

In 2003 Ramsey was convicted of one count of gross sexual imposition involving his half-sister’s daughter Jane; the conviction was upheld on direct appeal.
The underlying facts described Ramsey and his brother having contact with Jane and another daughter in 2001, with multiple witnesses testifying about what Jane told them.
In 2011 Ramsey applied for post-conviction relief based on newly discovered evidence—a 2011 letter from Jane recanting her trial testimony.
A June 18, 2012 evidentiary hearing featured Jane’s testimony that she was coached and later recanted, and Dr. Benson’s testimony on memory and trauma.
The trial court denied post-conviction relief, and the Supreme Court affirmed, applying the four-prong newly discovered evidence standard and concluding relief was not warranted.
The decision rests on whether the recantation would likely change the verdict and whether the evidence was truly newly discovered and credible.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Jane’s 2011 letter constitutes newly discovered evidence entitling relief.	Ramsey asserts the letter was discovered after trial and would likely yield an acquittal.	State contends the letter lacks reliability and would not likely change the verdict; prongs must be met.	No; the weight of the evidence would not likely lead to acquittal, and relief was not warranted.
Whether Ramsey proved the four-prong test for newly discovered evidence.	Ramsey argues all prongs are satisfied by the post-trial discovery and lack of diligence in discovery.	State concedes prong one and two but argues overall prongs were not satisfied.	Ramsey failed to prove all four prongs; the trial court did not abuse its discretion in denying relief.

Greywind v. State, 2004 ND 213 (N.D. 2004) (post-conviction relief standard; new-trial evaluation under Rule 33)
State v. Hegland, 355 N.W.2d 803 (N.D. 1984) (recantation requires a high showing of genuineness)
State v. Steinbach, 1998 ND 18 (N.D. 1998) (new-trial standard for newly discovered evidence)
Wheeler v. State, 2008 ND 109 (N.D. 2008) (abuse of discretion standard in post-conviction relief)