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Idaho Supreme Court agrees man should get new trial

by Associated Press

KTVB.COM

Posted on December 27, 2009 at 2:23 PM

Updated Tuesday, Dec 29 at 3:01 AM

 

BOISE -- Idaho lost its bid to avoid a new trial for a Nampa man convicted in 2004 of lewd conduct with a minor after the state Supreme Court ruled testimony that helped put him behind bars was inadmissible hearsay.

In a decision published Thursday, justices ruled Vance A. Watkins' case must return to 3rd District Court. Watkins was convicted of molesting a young girl by a Canyon County jury.

In his appeal, Watkins contended testimony about DNA evidence from the state's expert witness shouldn't have been allowed because she hadn't done the DNA tests herself.

In May 2008, the Idaho Court of Appeals overturned Watkins' conviction, but attorneys for the state asked the Supreme Court to review the case.

In their unanimous decision, justices agreed the district court abused its judicial discretion and raised doubts that a jury would have convicted Watkins without the expert's improper testimony.

 

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