Quote:
Originally Posted by Nancy1999  Have you guys heard about the rumor of impeachment?
So I wonder what happens if that happens, new trial? |
Oh good Lord, I hope not.
I just found this:
Reasons to Receive a New Criminal Trial - Lawyers.com
You can seek a new trial based on newly discovered evidence. The court is very strict on what evidence types support a motion for a new trial. The four criteria that must be met to base a new trial on newly discovered evidence are:
The evidence is newly discovered and not known to you during trial
The evidence must be material and not merely cumulative
Your failure to learn of the evidence wasn't for lack of diligence
The evidence will probably mean a different result at a new trial
If you know about evidence at the time of trial, you can't claim after trial the evidence is newly discovered. Newly available evidence isn't the same thing as newly discovered evidence. If you know the substance of the evidence at trial, you can't later claim it's newly discovered.
The evidence must be material to the main issues of the trial. If the evidence is merely cumulative of evidence that the defendant already has in his possession, it won't support a motion for a new trial. Also, evidence that just further impeaches a witness whose character has already been shown to be questionable doesn't support a new trial. To impeach means to question the credibility or honesty of a witness.
If the defendant could have discovered the evidence using due diligence, it won't support a new trial. Courts expect defendants to make an effort and discover any evidence that'll support their positions. They won't allow a defendant to have a new trial based on evidence that he could have easily found.
The last requirement is that the evidence will probably result in the defendant being found not guilty. The defendant isn't entitled to a new trial if the evidence wouldn't have made a difference. All four of these criteria must be met in order to base a new trial on newly discovered evidence.