A criminal conviction does not necessarily end the search for truth. A new witness may come forward, previously unavailable records may surface or advances in forensic testing may reveal information that was unknown at the time of trial.
In some circumstances, newly discovered evidence can provide grounds for seeking post-conviction relief.
What makes evidence newly discovered?
Evidence is not necessarily considered “newly discovered” simply because a defendant learns about it after conviction. Courts generally apply specific requirements when deciding whether new evidence is significant enough to justify reopening a criminal case.
Examples of potentially significant newly discovered evidence can include:
- New DNA or other forensic evidence
- A previously unknown witness with material information
- Evidence pointing to another person as the perpetrator
- Records or physical evidence that were previously unavailable
- A witness recanting important trial testimony
- New information that substantially undermines critical evidence used to obtain the conviction
Discovering new information is only the beginning. Courts also consider whether the evidence is material and significant enough that it could have affected the outcome of the case. They may also look at whether the evidence could reasonably have been discovered earlier through the exercise of due diligence.
That can require examining the new evidence alongside the evidence presented at trial. A powerful piece of forensic evidence contradicting the prosecution’s theory, for example, may carry considerably more weight than another witness who simply repeats testimony the jury already heard.
Timing matters as well. States have their own procedures and deadlines for presenting newly discovered evidence, and special rules or exceptions may apply in some circumstances.
The central questions are how the evidence was discovered, whether it could reasonably have been found earlier and, most importantly, whether it is significant enough to cast doubt on the original result. An attorney who handles post-conviction relief can help you learn more.