¶1(dissenting).
¶2I respectfully dissent. We review a trial court’s ruling on a motion for new trial based on newly-discovered evidence for an abuse of discretion. We uphold the trial court’s ruling if it is not clearly erroneous. State v. Jones, 511 N.W.2d 400, 409 (Iowa App.1993).
¶3Although this decision may be close, I cannot conclude the trial court abused its discretion in denying a new trial. Adamson sought to impeach the veracity of J.S. at trial based on evidence that she fabricated the charges to escape from her parent’s discipline. He called several witnesses to support this claim. Therefore, I believe the new evidence by Freeman and Colbert was merely cumulative and impeaching. See State v. Allen, 348 N.W.2d 243, 246 (Iowa 1984).
¶4I would affirm the conviction, and preserve the postconviction relief claim.