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As a general rule, new evidence cannot be introduced during a criminal appeal. The appellate court must weigh whatever evidence is already in the record on appeal and decide accordingly. However, there are exceptions, and new evidence can influence the outcome of your appeal. Understanding how this happens will help you better appreciate the steps that your criminal appeals attorney will take on your behalf. The Keleher Appellate Law Group takes a look.
General Rule: No New Evidence
The proper place to introduce evidence is the trial court. Many criminal defendants hold the incorrect belief that an appeal is another chance to retry the original case. But this isn’t true. Appeals exist to ensure, broadly, that the trial was conducted by due process and constitutional protections. This means, for instance, that an appellate court is going to examine whether the law was applied properly to the facts. However, this usually does not necessitate or allow the introduction of new facts (i.e., evidence).
How New Evidence Might Affect Your Appeal
However, this isn’t to say that new evidence plays absolutely no role in the criminal appeals process. Here are three specific ways it might:
- The prosecutor wrongly concealed evidence: Prosecutors are required to turn over exculpatory evidence to defense counsel. This evidence tends to exonerate the defendant or strengthen his or her defense. If it is discovered on appeal that the prosecutor was hiding evidence, the conviction might be overturned.
- Evidence was improperly not admitted at trial: This concerns “new” evidence in the sense that it never made its way into court and, therefore, was excluded from the trial record because of an improper ruling by the judge. If the trial judge misunderstood the rules of evidence and disallowed a piece of evidence or testimony to be admitted, the appellate court may reverse the judge’s decision and remand the case back to the trial court.
- Newly discovered evidence: There are also situations in which evidence that exonerates the defendant is discovered after he or she is convicted of a crime. However, there must be a compelling reason for why this evidence was not introduced at trial. Poor research on the defense attorney’s part likely will not be enough. On the other hand, a new witness who could not have reasonably been known or located during the trial might qualify.
What To Expect With New Evidence
If new evidence comes to light in one of the three ways listed above or in some other manner, the appellate court might overturn the conviction and remand the case. This means the case is sent back to the trial court for further proceedings in light of the new evidence and the appellate court’s opinion.
A new trial may need to be conducted that considers this new evidence and allows it to be introduced. However, what if the new evidence is overwhelmingly in favor of the defendant? In such a situation, the prosecution may decide it is not worth the effort to hold another trial and ultimately drop the charges against the defendant altogether.
Is There New Evidence That Might Help You? Talk To Our Criminal Appeals Legal Team
New evidence can change the outcome for a criminal defendant. However, it will take a seasoned criminal appeals attorney to present a convincing argument for why the court should consider this new evidence. Talk to The Keleher Appellate Law Group today to learn more about your options during the criminal appeals process.