Warning

Info

Warning

Info

Warning

Info

LSDefine

Simple English definitions for legal terms

after-discovered evidence

Read a random definition: protection money

A quick definition of after-discovered evidence:

After-discovered evidence is evidence that was not known during a trial but was found later. This type of evidence is mostly used in criminal cases and can be used to ask for a new trial. Courts use a four-part test to decide if a new trial should be granted based on after-discovered evidence. The evidence must not have been able to be found before the trial, must not just be supporting other evidence, must not only be used to question a witness's honesty, and must likely change the verdict or sentence. After-discovered evidence can also be used in civil cases, but it must have been able to be found during the trial and must have changed the outcome. Prosecutors must also tell the defense if they find new evidence that could change the verdict.

A more thorough explanation:

After-discovered evidence, also known as newly discovered evidence, refers to evidence that existed during the original trial but was only discovered after the trial's conclusion. This type of evidence is mainly an issue in criminal proceedings and can be used as the basis for a motion for a new trial.

Courts use a four-part test to determine whether to grant a new trial based on after-discovered evidence. The court considers whether the new evidence:

  1. Could not have been obtained before the trial's conclusion through reasonable diligence
  2. Is not merely corroborative or cumulative
  3. Will not be used solely to impeach a witness's credibility
  4. Would likely result in a different verdict or lighter sentence if a new trial were granted

For example, if new DNA evidence or a confession from another suspect is discovered after a trial, it may be enough to warrant a new trial if it weakens the case against the defendant enough to create reasonable doubt about their guilt.

After-discovered evidence can also be used to challenge judgments in civil proceedings, such as foreclosure actions, under Rule 59 of the Federal Rules of Civil Procedure. However, changes in law or interpretations of the law are generally not accepted as after-discovered evidence.

Prosecutors who learn of new, credible, and material evidence that creates a reasonable likelihood that a convicted defendant did not commit the offense of which they were convicted must disclose the evidence or remedy the conviction under the model rules of professional responsibility.

In summary, after-discovered evidence is evidence that was not known or available during the original trial but is discovered later. It can be used to challenge a verdict or sentence in criminal or civil proceedings if it meets certain criteria and would likely result in a different outcome if a new trial were granted.

after-acquired title | age discrimination

Warning

Info

General

General chat about the legal profession.
main_chatroom
👍 Chat vibe: 0 👎
Help us make LSD better!
Tell us what's important to you
MIAMI A
[] AromaticTroubledDormouse
20:55
How does one know if they are UR1 or UR2?
[] AromaticTroubledDormouse
20:56
CONGRATS MACAQUE!
TY
got a random stanford email and almost had a heart attack
ALSO CONGRATS!
Congrats1!
21:15
Miami A, yall I'm so excited I could cry.
21:15
Feel like I can finally stop holding my breath!! Whew!!!
[] baddestbunny
22:16
every time I get accosted by a strange man who follows me around because my male coworkers were too busy talking to walk me back to my car I get closer to saying we need to bring back traditional gender roles
Dkk
22:32
Nice! @Macaque
Dkk
22:32
@Aromatic, Have to guess.
Dkk
22:33
That sucks @Bunny do you have to go to the hospital?
[] baddestbunny
22:40
I said accosted not assaulted
23:35
guys. my notre dame address just went long is this good or bad
1a2b3c4d26z
23:37
Oooooo me too
23:37
omg is this good or bad
Dkk
23:47
Idk if gender roles are gunna fix that then.
23:49
it looks like most people who applied in october last cycle didn't get a decision until january... does it even mean anything that our addresses went long??
hows ED 2 compared to ED 1?
Dkk
0:10
No idea
windyMagician
0:34
reporting live to say my ndls address also went long
does it mean anything ^
Dkk
2:21
NDLS and Fordham took a very long time last year. It's good info for people to know.
[] baddestbunny
4:29
let’s get after it boys and girls
Dkk
5:21
I gtg to bed soon.
Dkk
5:22
Big day today. Gunna be a crazy one. I will sleep through the first half.
good morning lsd it is 5 am EST
also jazzy my ndls address went long ages ago i sadly do not think it means anything
my stanford address also went long LOL i think at most it's an indicator it's under review
LSD+ is ad-free, with DMs, discounts, case briefs & more.