A motion for new trial based on a recantation must satisfy the following four-part test for newly discovered evidence:
(1) the newly discovered evidence was unknown or unavailable to the movant at the time of his trial;
(2) the movant's failure to discover or obtain the evidence was not due to a lack of diligence;
(3) the new evidence is admissible and is not merely cumulative, corroborative, collateral, or impeaching; and,
(4) the new evidence is probably true and will probably bring about a different result on another trial.
The decision is within the sound discretion of the trial court.
The trial judge ruled that the new evidence was not probably true, that the child seemed resigned in her testimony at the motion for new trial, and the appeals court would not second-guess the trial judge.