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Sep 1, 2015 · A new trial, based on newly discovered evidence, should have been granted by the trial court. United States v. Piazza ¸ 647 F.3d 559 (5th Cir. 2011) The trial court acted within its discretion in granting the defendant’s motion for new trial based on the discovery of newly discovered evidence. The evidence was unknown to the defense; the ...
In determining whether to grant a new trial due to newly discovered evidence, the defendant must show two things: (1) that this new evidence could not have been produced at trial with reasonable diligence; and (2) that there is a reasonable probability that the newly discovered evidence would produce a more favorable result upon trial. The ...
May 30, 2022 · The Appeal Court agreed, characterizing the evidence as “new” since it had not existed at the time of the original trial. In the Appeal Court’s view, this made it not subject to the Palmer test, and was admissible since it established a “significant”, “fundamental” or “pivotal” premise or understanding that the trial court had considered and used in making its ruling on ...
Feb 2, 2020 · The Supreme Court has repeatedly held that, before a new trial may be granted on the ground of newly-discovered evidence, it must be shown that: the evidence is such of weight that it would probably change the judgment if admitted. If the alleged newly discovered evidence could have been very well presented during the trial with the exercise of ...
- Fixing A Legal Error
- Discovery of New Evidence
- Correcting An Injustice
Legal errors during trial comprise one basis for granting a new trial motion. An example is a judge having wrongly excluded evidence that would have made a difference to the outcome of the trial. An erroneous exclusion of evidence might occur if a judge ruled that certain testimony should be excluded because of the hearsay rule, but the ruling was ...
Courts may also grant new trial motions when certain kinds of new evidence have been discovered after conviction. But small, slightly helpful facts aren't enough. The new evidence generally must: 1. have been unknown to the defense during the trial 2. not have been reasonably possible to discover before or during the trial, and 3. be capable of cau...
A judge may also order a new trial if doing so could fix an injustice associated with the first trial. For example, in a 2013 federal case, a judge granted a motion for a new trial for two Mexican restaurant owners who had been convicted of harboring undocumented aliens for profit. After their conviction, the defense learned that one of the jurors ...
III. MOTIONS FOR NEW TRIAL BASED ON NEWLY DISCOVERED EVIDENCE. Though difficult to accomplish, a motion for new trial based on newly discovered evidence will be granted if the new evidence is discovered after trial, the defendant by exercise of due diligence could not have discovered the evidence during
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Luke, 69 M.J. 309 (RCM 1210(f)(2) sets forth the grounds for granting a new trial based on newly discovered evidence; specifically, a new trial shall not be granted on the grounds of newly discovered evidence unless the petition shows that (1) the evidence was discovered after the trial, (2) the evidence is not such that it would have been discovered by the petitioner at the time of trial in ...
