Search results
- 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.
www.rothdavies.com/criminal-defense/frequently-asked-questions-about-criminal-defense/evidence/when-can-a-new-trial-be-granted-for-newly-discovered-evidence/WHEN CAN A NEW TRIAL BE GRANTED FOR NEWLY DISCOVERED EVIDENCE?
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.
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.
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 ...
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 was discovered after trial; such evidence could not have been discovered and produced at the trial even with the exercise of reasonable diligence ;
- II
- III
- IV
In the second trial, as in the first, Bello's identification testimony constituted a prominent part of the State's case. The version he gave in both proceedings came to be known as the "on-the-street" story. According to this account Bello and Bradley were in the vicinity of the Lafayette Bar and Grill, Paterson, at about 2:30 A.M. on June 17, 1966...
Thus it was that as the second trial approached, the State found itself with its key identification witness — hardly a model of rectitude to begin with — in a condition of disarray. It therefore sought to evaluate the credibility of Bello's testimony by subjecting him to a polygraph examination on August 7, 1976. The test was conducted by Leonard H...
Defendants contend that the apparent error in Harrelson's conclusion, undisclosed to them until after trial, assumes critical significance when considered in light of the use to which the test results may have been put. After receipt of Harrelson's report two representatives of the prosecution interviewed Bello on September 14 and 15, 1976; and whi...
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 trial, the evidence is material and is not merely cumulative, or
People also ask
Should a new trial be granted based on newly discovered evidence?
Can a judge Grant a new trial based on new evidence?
What is new evidence based on?
How to deal with new evidence?
When can a court grant a new trial?
Are motions for new trial based on newly discovered evidence disfavored?
Sep 23, 2022 · A judge or appellate court might grant a new trial based on newly discovered evidence if, for example, the defense had been looking for and finally locates the only witness who can corroborate the defendant's alibi.
