Can you introduce new evidence in the Court of Appeals?

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3 Answers

  • 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.

  • Introducing New Evidence On Appeal

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