· 3/13/2024
Robert John Kaiser v. State of Minnesota
Syllabus
1. The test articulated in Larrison v. United States, 24 F.2d 82 (7th Cir. 1928), applies when the State mistakenly presented false expert testimony about a medical fact that its own expert later admitted could not have been true. 2. The district court did not abuse its discretion when it granted the respondent a new trial on the grounds of false testimony because the respondent met his burden under the Larrison test. Affirmed.
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