In his MR, Umali is urging the Ombudsman to revisit his case because of newly-discovered evidence
that establish the actual delivery of irrigation pumps to the intended beneficiaries of the SMPGI projects.
Tenner further argues that he is entitled to a new trial based on newly-discovered evidence
: an affidavit by an inmate stating that one of the witnesses to the shooting had allegedly confessed to committing the homicide himself.
. Second, Burfoot's new evidence that Boone and Riddick, as government witnesses, were unreliable witnesses was merely cumulative and impeaching, immaterial to the issues at trial, and would not have resulted in acquittal.
As Clune's newly-discovered evidence
makes abundantly apparent, the whole world was watching the Rosenberg case while, back in the nation's capital, "White House officials failed to get ahead of the spin" (161).
, Neocleous had claimed in March, citing emails from October 2013 he had forgotten about, suggested that the reason was not his own confusion over two similar cases, but an oversight by his secretary, who ignored the crucial email informing her of the newly-filed lawsuit.
criteria [including that new material evidence exists], then it must be determined whether a reasonable probability exists that had the jury heard the newly-discovered evidence
, it would have had a reasonable doubt as to the defendant's guilt." (citing State v.
[Edita] Burgo's claims that she fears for her own personal security in light of the sensitive nature of the newly-discovered evidence
, the Court resolved to issue a temporary protection order in favor of the petitioner Edita T.
Problematically, however, jurisdictions that unequivocally adopt the newly-discovered evidence
rule subvert the actual innocence doctrine's function of protecting individual rights.
Valerio said he should be granted a new trial because of newly-discovered evidence
concerning the complaining witness's psychological state.
According to the plaintiffs, these documents were "newly-discovered evidence
" that warranted a new trial.
[begin strikethrough](2)[end strikethrough] A motion to vacate filed under rule 3.850 or a motion for postconviction or collateral relief filed under rule 3.851, which is based solely on the results of the court-ordered DNA testing obtained under this rule, shall be treated as raising a claim of newly-discovered evidence
and the time periods set forth in rules 3.850 and 3.851 shall commence on the date that the written test results are provided to the court, the movant, and the prosecuting authority pursuant to sub[begin strikethrough]section[end strikethrough] division (c)(8).
As Jackie's lawyer Clive Stafford-Smith commented, 'It is very difficult to see how any reasonable person could believe that he (the judge) would be fair in Jackie's DNA hearing when, without having heard the first shred of our newly-discovered evidence
of innocence, he would say that to the press.'