Newly Discovered Evidence

| Sep 28, 2010 | Criminal Defense |

There are four requirements for a defendant to get a new trial based on newly discovered evidence: (1) the evidence was unknown to the movant before trial; (2) the defendant’s failure to discover it was not due to a want of diligence on his part; (3) its materiality was such as would probably bring about a different result in another trial; and (4) it was competent, not merely cumulative, corroborative, collateral, or impeaching.

If the weight or credibility of the new evidence would probably not bring about a different result in the new trial, the trail court does not abuse its discretion by denying the motion for new trial.  When newly discovered or newly available evidence comes to light after the time for a motion for new trial has run, the defendant may raise these claims in a writ of habeas corpus as a claim of actual innocence.