11:40
I'll work that in! Sounds like a good way to segway.
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LSDefine
Simple English definitions for legal terms
Berry rule
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A quick definition of Berry rule:
The Berry rule is a legal principle that says if someone wants a new trial because they found new evidence, they have to prove four things. First, the evidence has to be new and the person didn't know about it during the trial. Second, the evidence has to be important and not just repeating what was already said. Third, the evidence has to be strong enough to make the person not guilty. Fourth, the person can't have been lazy and not tried to find the evidence before. This rule comes from a court case called Berry v. State in 1851.
A more thorough explanation:
The Berry Rule is a legal doctrine that applies to a defendant who wants to request a new trial based on newly discovered evidence. To be successful, the defendant must prove four things:
- The evidence is newly discovered and was not known to the defendant at the time of the trial.
- The evidence is material, meaning it is important and relevant to the case, rather than just repeating what was already presented in court.
- The evidence will likely result in an acquittal, meaning the defendant would be found not guilty if the evidence was presented at a new trial.
- The defendant was not at fault for not discovering the evidence earlier, meaning they were diligent in their efforts to find it.
For example, let's say a person was convicted of a crime based on the testimony of a witness. After the trial, the defendant discovers that the witness had a history of lying and had lied in other cases. If the defendant wants to request a new trial based on this newly discovered evidence, they would need to prove that the evidence was not known to them at the time of the trial, that it is material to the case, that it would likely result in an acquittal, and that they were not at fault for not discovering it earlier.