Changes

Newly discovered evidence is the basis for many motions by criminal defendants 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 proves the lie.

[[category:United States law]]

[[category:United States law]]