Changes

'''Newly discovered evidence''' is the basis for many motions by criminal [[defendant]]s to obtain a new [[trial]].   

'''Newly discovered evidence''' is the basis for many motions by criminal [[defendant]]s to obtain a new [[trial]].   

There are formidable legal doctrines, however, that prevent defendants from obtaining a new trial even if they prove that a key witness against them committed perjury.  For example, the "[v]eracity of witnesses may not be tested for a second time and by an appellate tribunal."  ''United States v. Rutkin'', 208 F.2d 647, 654 (3d Cir. 1953).  If the defendant challenged a witness's testimony at the first trial, then this doctrine precludes the defendant from challenging it again in a request for a new [[trial]], even if newly discovered evidence proves the lie.

There are formidable legal doctrines, however, that prevent defendants from obtaining a new trial even if they prove that a key witness against them committed perjury.  For example, the "[v]eracity of witnesses may not be tested for a second time and by an appellate tribunal."  ''United States v. Rutkin'', 208 F.2d 647, 654 (3d Cir. 1953).  If the defendant challenged a witness's testimony at the first trial, then this doctrine precludes the defendant from challenging it again in a request for a new [[trial]], even if newly discovered evidence shows that testimony delivered during the first trial was incorrect.

[[Category:United States Law]]

[[Category:United States Law]]

[[category:Evidence]]

[[category:Evidence]]