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3 Answers
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Only if you can prove the new evidence was deliberately suppressed by either the other side or the judge. The facts of the case are decided by the trial jury and judge. What the appeals court decides is if the proper procedure was followed. If the evidence was suppressed then there was a procedure problem and the new evidence can be introduced. But if there was no problem with the trial, procedure was followed as required, you can not bring in new evidence after the trial and use that as the basis of your appeal.
What you can do is ask that the judgment of the trial be set aside based upon new information. The class example is DNA evidence on an old case. DNA evidence was not available years ago but it is now. Had it been available years ago and if it would have cleared the person, the person would not have been convicted. By allowing new evidence based upon new ways of analyzing evidence, may convictions have been set aside.
But do not plan on getting a conviction set aside just because “new evidence” as discovered. If they allow that, all criminals would constantly be bring up “new evidence” and nothing would ever be firmly decided.
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Introducing New Evidence On Appeal
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the respond submitted by utilizing HARLEQUIN grew to become into an magnificent on factor precise diagnosis. My wager is modesty prevents him from revealing that he’s an lawyer. He grew to become into additionally treating you with gloves on with the intention to no longer look rude, overbearing or insulting….. i’m no longer sure by utilizing niceties. comprehend that Appeals many times turn upon minute technical element comprehensible purely to those that be taught the regulation. From the expression of your question, I respectfully have faith you do no longer very own the potential or skill to earnings your chum. i could additionally recommend that your friends attempt to get rid of his lawyer grew to become into further unjustified and unwarranted do to fantastically constrained technical information of the criminal subject concerns. i do no longer doubt your sincerity in eager to help your chum. whether, the final advice is to give up attempting to help him till the attraction’s courtroom arms down a ruling. If this ruling is damaging, and that i think the prospect of triumphing an attraction is closer to 5% than 10%, your ultimate advice is to advance approximately $a hundred,000 for a first rate inner maximum Appellant lawyer to document an attraction to the subsequent degree. If funds is an insurmountable project, you’re able to be able to desire to maintain the Appellate technique persevering with with courtroom Appointed legal experts. Many are greater experienced and characteristic better records than assorted the legal experts obtainable prepared to document any attraction with out threat of victory. it is problematical yet authentic. You lack any skill to choose what’s procedurally happening, aside from the certainty, your chum is incarcerated. this is a motivation to compliment to be useful. yet once you act just to act, you do your chum no desire. previous prayer and offering ethical help all around…take a seat returned and permit the technique to pass forward.
