Newly discovered evidence definition

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:
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Newly discovered evidence means evidence that was in existence at the time pf the hearing, but was unknown to the parties involved and could not have been discovered with reasonable diligence before the hearing.
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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);
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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 could affect the outcome of the matter, and/or3.

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

  • 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.
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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.

  • Objective medical evidence means reports of examinations or treatments; medical

  • Non-Participating Certified Nurse Practitioner means a Certified Nurse Practitioner who does not have a written agreement with the Claim Administrator or another Blue Cross and/or Blue Shield Plan to provide services to you at the time services are rendered.

  • Non-Participating Certified Clinical Nurse Specialist means a Certified Clinical Nurse Specialist who does not have a written agreement with the Claim Administrator or another Blue Cross and/or Blue Shield Plan to provide services to you at the time services are rendered.

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

  • Qualifying Examination means examinations on the basis of which a candidate becomes eligible for admission or its equivalent examination;

  • clinical evidence means clinical data and clinical evaluation results pertaining to a device of a sufficient amount and quality to allow a qualified assessment of whether the device is safe and achieves the intended clinical benefit(s), when used as intended by the manufacturer;

  • Non-Participating Certified Nurse-Midwife means a Certified Nurse-Midwife who does not have a written agreement with Blue Cross and Blue Shield of Illinois or another Blue Cross and/or Blue Shield Plan to provide services to you at the time services are rendered.

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

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

  • Participating Certified Nurse Practitioner means a Certified Nurse Practitioner who has a written agreement with the Claim Administrator or another Blue Cross and/or Blue Shield Plan to provide services to you at the time services are rendered.

  • 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.

  • 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.

  • Target Audience means users on the Criteo Network who will be targeted with relevant performance advertising banners based on the Criteo Technology.

  • 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

  • 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.

  • 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.

  • Clinical evaluation means a systematic and planned process to continuously generate, collect, analyse and assess the clinical data pertaining to a device in order to verify the safety and performance, including clinical benefits, of the device when used as intended by the manufacturer;