Difference between revisions of "Newly discovered evidence"

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'''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]].   
  
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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.
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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]]

Revision as of 11:29, October 7, 2013

Newly discovered evidence is the basis for many motions by criminal defendants 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 shows that testimony delivered during the first trial was incorrect.