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Bharadia v. State

The trial court properly denied the defendant's extraordinary motion for a new trial based on newly discovered evidence, since he failed to show the essential requirement that the delay in obtaining the DNA identification evidence from gloves used during the crimes was not caused by a lack of due diligence.

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In 2003, a jury convicted appellant Sandeep Bharadia of burglary, aggravated sodomy, and aggravated sexual battery with respect to his breaking into the victim’s apartment and physically attacking her. Additional details of the facts shown at trial are set forth in the opinion of the Court of Appeals which affirmed the trial court’s denial of appellant’s initial motion for new trial Bharadia v. State, 282 Ga. App. 556 639 SE2d 545 2006 Bharadia I, and the Court of Appeals opinion affirming the trial court’s denial of appellant’s extraordinary motion for new trial. Bharadia v. State, 326 Ga. App. 827 755 SE2d 273 2014 Bharadia II. We granted appellant’s petition for a writ of certiorari to review Bharadia II.

1. Additional facts and procedural history.

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