Submitted by New Jersey Criminal Lawyer, Jeffrey Hark
In order to successfully obtain a new criminal trial, based on new evidence, the defendant must show: that “the evidence is
1) material, and not ‘merely’ cumulative, impeaching, or contradictory;
2) that the evidence was discovered after completion of the trial and was ‘not discoverable by reasonable diligence beforehand’; and
3) that the evidence ‘would probably change the jury’s verdict if a new trial were granted.'”
State v. Ways, 180 N.J. 171, 187 (2004) (citing State v. Carter, 85 N.J. 300, 314 (1981)). The burden on a defendant seeking a new trial to redress a violation of the State’s obligation to provide exculpatory evidence is quite different. The defendant need not demonstrate that he acted with diligence to discover what the prosecutor should have disclosed and evidence useful to impeach a State’s witness is not discounted.
Review the entire case here: State of New Jersey vs. Sean Taliaferro