Newly discovered evidence definition

Newly discovered evidence means evidence that was in existence at the time of the hearing, but was unknown to the parties involved and could not have been discovered with reasonable diligence before the hearing.

Newly discovered evidence means evidence that was not available to the petitioner at trial or during the resolution by the trial court of any motion to withdraw a guilty plea or motion for new trial and which is relevant to the determination of the issue of factual innocence, including:

Newly discovered evidence under Rule 33(b) means evidence that, in fact, was discovered since the conclusion of the trial. See United States v. Chavis, 880 F.2d 788, 793 (4th Cir. 1989);

Examples of Newly discovered evidence in a sentence

• Newly discovered evidence that the employee has tampered with a previous drug test.

• Newly discovered evidence which by due diligence could not have been discovered in time to move for a new trial under MCR 2.611(B).

• Newly discovered evidence which by due diligence could not have been discovered in time to move for rehearing.

• Newly discovered evidence that the employee has tampered with a previous drug or alcohol test.

• Newly discovered evidence that by due diligence could not have been found before the acknowledgment was signed.

• Newly discovered evidence that by due diligence could not have been found earlier.

• Newly discovered evidence that could affect the outcome of the matter, and/or3.

• Newly discovered evidence is evidence that was in existence at the time of the hearing, but was not known (or discovered) by the aggrieved party until after the hearing ended.

• Newly discovered evidence that the employee has tampered with a previous drug or alcohol test.Although reasonable suspicion testing does not require certainty, mere “hunches” are not sufficient to meet this standard.

• Newly discovered evidence that the faculty, staff, or student worker has tampered with a previous drug test.

More Definitions of Newly discovered evidence

Newly discovered evidence means “‘evidence which could not reasonably have been presented’ by the petitioner in the earlier proceeding.”29 “[S]uch evidence must bear upon the constitutionality of the applicant’s detention” when alleged in a habeas petition.30 Henderson does not make clear what constitutional error he alleges based on this evidence, as he does not assert a claim of actual innocence. At best, evidence concerning Rosalyn’s mental state creates questions about Rosalyn’s credibility as a witness. As the Tenth Circuit noted when affirming Henderson’s sentence, Rosalyn’s statements were made in person to Deputy Higdon, so he was able to observe her demeanor. Additionally, the government presented testimony from Heather Reece, Loretta Keeling, and a CI that corroborated the information Rosalyn provided. Even if Rosalyn’s credibility was tested by this evidence during the sentencing hearing, there is no basis to assume that the district court could not have found by a preponderance of the evidence that the appropriate drug quantity based on relevant conduct should be 2285 grams of cocaine base.