Sunday, December 3, 2006

FSC opinion - In order to be considered newly discovered evidence

This Court has articulated the following two requirements that must be

satisfied in order to set aside a conviction or sentence on the basis of newly

discovered evidence:

First, in order to be considered newly discovered, the evidence "must

have been unknown by the trial court, by the party, or by counsel at

the time of trial, and it must appear that the defendant or his counsel

could not have known [of it] by the use of diligence."

Second, the newly discovered evidence must be of such nature

that it would probably produce an acquittal on retrial.

Jones, 709 So. 2d at 521 (citations omitted).

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