Kara Sears
The appeals process is not a chance to retry a case, and new evidence is generally not allowed to be presented to an appellate court. Appeals exist to ensure that the trial was conducted with due process and constitutional protections, and to determine if any wrongdoing occurred during the trial that may have impacted the decision made by the jurors. However, new evidence may play a role in the appeals process in certain situations, such as if the prosecutor wrongly concealed evidence, evidence was improperly not admitted at trial, or if new exonerating evidence is discovered after conviction.
| Characteristics | Values |
|---|---|
| Introduction of new evidence in appeal cases | Generally not allowed |
| New evidence discovered after conviction | Must be a compelling reason for not introducing it at trial |
| Prosecutor wrongly concealed evidence | Serious violation of rights; strong case for overturning conviction |
| Evidence improperly not admitted at trial | Appellate court may reverse the decision and remand the case |
| Actual innocence | Appellate court won't accept new evidence, but may consider evidence of actual innocence ignored |
| Appeal outcomes | Judges may grant a "win" and refer the case to a higher court, or decide there was no wrongdoing and uphold the original decision |
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What You'll Learn
New evidence may lead to a new trial
While appeals exist to broadly ensure that the original trial was conducted with due process and constitutional protections, new evidence can play a significant role in the criminal appeals process. Newly discovered evidence can serve to highlight flaws in the original trial, offering a chance for a more just outcome. This is especially important in cases with severe consequences, ensuring that the legal process remains fair and equitable.
For instance, in Aguirre Jarquin v. State (2016), the Supreme Court of Florida ruled that newly discovered DNA evidence and confessions of another suspect were sufficient grounds for a new trial. This evidence weakened the original case against the defendant, raising reasonable doubt as to their culpability.
To be considered valid, newly discovered evidence must meet specific criteria. Firstly, it must be evidence that could not have been discovered before the trial through the exercise of due diligence. In other words, despite reasonable efforts, the evidence must not have been available earlier. Secondly, the evidence must be material and not merely cumulative or impeaching. It should be significant enough to suggest that it could lead to a different outcome if a new trial were granted. The credibility and authenticity of the evidence are also crucial, as the court must be convinced of its reliability.
In conclusion, new evidence may lead to a new trial by meeting the criteria of materiality, reliability, and potential impact on the original trial's outcome. However, it is important to note that the introduction of new evidence in an appeal does not guarantee a new trial, as the court will review the latest evidence to determine its potential impact on the original verdict.
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The prosecutor wrongly concealed evidence
In the United States, prosecutors are required to turn over exculpatory evidence to defence counsel. This evidence tends to exonerate the defendant or strengthen their defence. The Supreme Court has explained that disclosure is constitutionally required when evidence in the possession of the prosecutor or prosecution team is material to guilt, innocence, or punishment. Prosecutors are encouraged to err on the side of disclosure in close questions of materiality.
However, some prosecutors value winning a conviction over complying with their constitutional obligations, resulting in error and, in some cases, intentional misconduct. Prosecutors often control access to evidence needed to investigate a claim of misconduct, making it difficult to know the full extent of the problem.
If it is discovered on appeal that the prosecutor was hiding evidence, the conviction might be overturned. The appellate court may then remand the case back to the trial court. For example, in the Dewayne Brown case, a long-buried email chain uncovered more than a decade after Brown's trial revealed that the trial prosecutor, Dan Rizzo, had deliberately hidden phone records from Brown's defence attorney that supported Brown's alibi.
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Evidence was improperly not admitted at trial
In criminal cases, defendants may move the court to exclude evidence obtained in violation of their constitutional rights. The admissibility of evidence is determined by its relevance to the case. Evidence is considered "competent" if it adheres to traditional notions of reliability. A trial judge will assess the evidence's probative value, or how much it makes a fact more or less likely to be true, and weigh this against the danger of unfair prejudice.
If evidence was improperly not admitted at trial, an appellate court may reverse the judge's decision and remand the case back to the trial court. This occurs when a trial judge has misunderstood the rules of evidence and disallowed a piece of evidence or testimony. However, appeals primarily exist to ensure that the original trial was conducted with due process and constitutional protections.
In the case of "fruit of the poisonous tree", evidence obtained in violation of a defendant's rights, the exclusionary rule applies, and the evidence may be suppressed. However, the Supreme Court has ruled that constitutional violations and the suppression of evidence are separate issues, and not all constitutional violations require the suppression of evidence.
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Newly discovered evidence exonerating the defendant
The discovery of new evidence that exonerates the defendant after they have been convicted of a crime is possible. However, there must be a compelling reason for this evidence to not have been introduced during the original trial. Poor research on the part of the defence attorney, for example, would not be considered a good enough reason. If new evidence is discovered, the appellate court may overturn the conviction and remand the case, sending it back to the trial court for further proceedings in light of the new evidence.
In such cases, a new trial may need to be conducted to consider the new evidence. However, if the new evidence strongly favours the defendant, the prosecution may decide to drop the charges altogether. It is important to note that the proper place to introduce evidence is the trial court, and appeals exist to broadly ensure that the trial was conducted with due process and constitutional protections.
The introduction of new evidence during an appeal is not common, and the appellate court will generally not allow the introduction of new facts or evidence. However, there are certain situations in which new evidence can play a role in the criminal appeals process. For example, if it is discovered that the prosecutor wrongly concealed evidence that would have exonerated the defendant or strengthened their defence, the conviction may be overturned.
The National Institute of Justice and the Innocence Project, a national litigation and public policy organisation dedicated to exonerating wrongfully convicted individuals, have both reported on cases where new evidence, particularly advances in DNA technology, has led to exonerations. As of July 31, 2016, the Innocence Project reported that 342 people had been exonerated as a result of DNA analysis. These cases highlight the impact that forensic science and new evidence can have on exonerating wrongfully convicted individuals.
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Appeals are not a do-over
Appeals are not a "do-over". The purpose of an appeal hearing is to determine if any wrongdoing occurred during the trial and if those issues affected the decision made by the jurors. It is not to present new evidence or witnesses. The proper place to introduce evidence is the trial court. Many criminal defendants mistakenly believe that an appeal is an opportunity to retry the original case. However, appeals exist to ensure that the trial was conducted with due process and constitutional protections. This means that an appellate court examines whether the law was correctly applied to the facts, but this does not usually necessitate or allow the introduction of new facts or evidence.
Appellate courts are generally not concerned with new facts or evidence. They focus on deciding whether the trial court's ruling was appropriate based on the information presented to it. The role of an appellate court is often described as "trying the trial courts". This means that they review the process and decisions of the trial court, rather than re-examining the facts of the case.
However, this is not to say that new evidence plays no role in the appeals process. There are three specific ways in which new evidence may be considered:
- Prosecutorial concealment of evidence: Prosecutors are required to disclose exculpatory evidence (evidence that could show the defendant is not guilty) to the defence before the trial. Failure to do so is a serious violation of the defendant's rights and can be grounds for overturning a conviction.
- Evidence improperly excluded at trial: If the trial judge misunderstood the rules of evidence and disallowed a piece of evidence or testimony, the appellate court may reverse this decision and remand the case back to the trial court.
- Newly discovered evidence: In some cases, evidence that exonerates the defendant may be discovered after they have been convicted. However, there must be a compelling reason for why this evidence was not introduced at trial, such as the prosecutor wrongly concealing it or the judge improperly excluding it. Poor research by the defence attorney is generally not considered a valid reason.
While new evidence cannot be used to argue an appeal, it can be grounds for a new trial. If new evidence comes to light, the appellate court may overturn the conviction and remand the case, sending it back to the trial court for further proceedings in light of the new evidence. In such cases, a seasoned criminal appeals attorney is needed to present a convincing argument for why the court should consider the new evidence.
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Frequently asked questions
Generally, no. Appeals are based on errors made in the original trial or how the judge interpreted the law. The focus is on whether the original ruling was correct based on what was presented at the time.
If the new evidence exonerates you, the conviction might be overturned and a new trial may be conducted. However, there must be a compelling reason for why this evidence wasn't introduced at the original trial.
If it is discovered that the prosecutor was hiding evidence, the conviction might be overturned.
If evidence was improperly not admitted, the appellate court may reverse the judge's decision and remand the case back to the trial court.
The prosecution may decide it is not worth holding another trial and may drop the charges altogether.
