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.
Sample 1Sample 2Sample 3
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:
Sample 1Sample 2Sample 3
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);
Sample 1Sample 2

Examples of Newly discovered evidence in a sentence

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

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

  • Such appeal may be on the grounds of: • Newly discovered evidence not available during the investigation;• Procedural errors that substantively affected the outcome of the investigation to the appealing party’s detriment; and/or• An abuse of discretion on the part of the investigator.

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

  • Newly discovered evidence concerning the paternity of this/these child(ren) has come to my knowledge since the initial paternity determination or establishment of the child support obligation.

  • Rülke (20fifi), ”‘Ex-ante‘ Taylor rules – Newly discovered evidence from the GF countries,™ Jouvna1 of Magvoegonomsgs 33: 224-232.

  • Miller, Federal Practice and Procedure § 2808 ("Newly discovered evidence must be of facts existing at the time of trial.

  • Newly discovered evidence that was not shared during the information gathering phase will be allowed only at the discretion of the Hearing Moderator.

  • Newly discovered evidence of petitioner’s innocence does bear on the constitutionality of his execution.”).

  • Newly discovered evidence shall be shared with the other party as soon as the grievant or administrator becomes aware of the existence of the evidence.


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.
Sample 1

Related to Newly discovered evidence

  • Objective evidence means standardized patient assessment instruments, outcome measurements tools, or measurable assessments of functional outcome. Use of objective measures at the beginning of treatment, during, and after treatment is recommended to quantify progress and support justifications for continued treatment. The tools are not required but their use will enhance the justification for continued treatment.

  • Co-occurring disorder specialist means an individual

  • Objective medical evidence means reports of examinations or treatments; medical signs which are anatomical, physiological, or psychological abnormalities that can be observed; psychiatric signs which are medically demonstrable phenomena indicating specific abnormalities of behavior, affect, thought, memory, orientation, or contact with reality; or laboratory findings which are anatomical, physiological, or psychological phenomena that can be shown by medically acceptable laboratory diagnostic techniques, including but not limited to chemical tests, electrocardiograms, electroencephalograms, X-rays, and psychological tests;

  • Adverse reaction means an unexpected outcome that threatens the health or safety of a patient as a result of a medical service, nursing service, or health-related service provided to the patient.

  • Adverse Benefit Determination means any of the following:

  • Covered Event means any event or occurrence related to the fact that Indemnitee is or was a director, officer, employee, agent or fiduciary of the Company, or any subsidiary of the Company, or is or was serving at the request of the Company as a director, officer, employee, agent or fiduciary of another corporation, partnership, joint venture, trust or other enterprise, or by reason of any action or inaction on the part of Indemnitee while serving in such capacity.

  • Historically Disadvantaged Individual (HDI) means a South African citizen -

  • Pre-Qualifying Criteria means the criteria set out in clause 27.3 of this Part C.

  • Adverse REMIC Event As defined in Section 9.01(f) hereof.

  • Historically Disadvantaged Individual (HDI) - means a South African citizen:

  • Elevated blood lead level means a level of lead in blood that is any of the following:

  • Baseline actual emissions means the rate of emissions, in tons per year, of a regulated NSR pollutant, as determined in accordance with paragraphs (i) through (iv) of this definition.

  • Projected actual emissions means the maximum annual rate, in tons per year, at which an existing emissions unit is projected to emit a regulated NSR pollutant in any one of the 5 years (12-month period) following the date the unit resumes regular operation after the project, or in any one of the 10 years following that date, if the project involves increasing the emissions unit’s design capacity or its potential to emit that regulated NSR pollutant, and full utilization of the unit would result in a significant emissions increase, or a significant net emissions increase at the major stationary source.

  • Co-occurring disorder (COD) means any combination of mental health symptoms and substance use disorder symptoms or diagnoses that affect a consumer and are typically determined by the current Diagnostic and Statistical Manual of Mental Disorders.

  • Qualifying Criteria means the criteria outlined in Section 3 and which is used to determine whether an individual is eligible to receive criminal Legal Aid;

  • Criteria pollutant means a pollut- ant for which the Administrator has promulgated a national ambient air quality standard pursuant to 42 U.S.C. 7409 (i.e., ozone, lead, sulfur dioxide, particulate matter, carbon monoxide, nitrogen dioxide).

  • Economically disadvantaged individual means an individual who is either: (1) eligible for services under the Workforce Investment Act of 1988 (WIA) (29 U.S.C.A 2801 et seq.), as determined by the San Francisco Private Industry Council; or (2) designated “economically disadvantaged” for the First Source Hiring Administration, as an individual who is at risk of relying upon, or returning to, public assistance.

  • Historically disadvantaged individuals (HDIs means all South African citizens –

  • Clinical review criteria means the written screening procedures, decision abstracts, clinical protocols, and practice guidelines used by a health carrier to determine the necessity and appropriateness of health care services.

  • Presidential elector certifying official means the state official or body that is

  • Corrective Action Plan has the meaning set forth in Section II.A.2.

  • Successful Bidder” or “Successful E-Auction Process Participant means, the Qualified Bidder whose bid is approved and who is declared successful by the Liquidator at the end of the determined auction phase.C. INTRODUCTION

  • Qualifying country component means a component mined, produced, or manufactured in a qualifying country.

  • Materiality Threshold means limits for related party transactions beyond which the shareholders' approval will be required as specified in Companies Act, 2013 and rules thereof and amendments thereto.

  • Clinical experience means providing direct services to individuals with mental illness or the provision of direct geriatric services or special education services. Experience may include supervised internships, practicums, and field experience.

  • Average Actual Deferral Percentage means the average (expressed as a percentage) of the Actual Deferral Percentages of the Eligible Participants in a group.