Conditions for bringing in new evidence on appeal

In an appeal, new evidence can be introduced under certain conditions. Here are some general guidelines:

  1. Newly discovered evidence: If the evidence was not available at the time of the original trial, it may be admissible on appeal if it is deemed to be newly discovered. This could include evidence that was previously unknown, unavailable, or inaccessible.
  2. Mistake or omission: If the trial court made a mistake or omitted evidence that was material to the outcome of the case, the appellate court may consider new evidence that was not presented at trial.
  3. Abuse of discretion: If the trial court abused its discretion in excluding evidence, the appellate court may consider new evidence that was properly excluded at trial.
  4. Plain error: If the trial court committed plain error, which is an error that is obvious and affects the outcome of the case, the appellate court may consider new evidence that was not presented at trial.
  5. Factual innocence: If the appellant can demonstrate factual innocence, meaning that they did not commit the crime, new evidence may be admissible to support their claim of innocence.
  6. Constitutional error: If the trial court committed a constitutional error, such as a violation of the right to a fair trial or the right to effective assistance of counsel, new evidence may be admissible to address the error.
  7. Procedural default: If the appellant failed to raise a claim or argument at trial due to a procedural default, they may be able to introduce new evidence on appeal if they can demonstrate that the procedural default was not intentional and that the evidence is material to the outcome of the case.

In general, the appellate court will consider the following factors when deciding whether to admit new evidence on appeal:

  1. Materiality: Is the new evidence material to the outcome of the case?
  2. Reliability: Is the new evidence reliable and trustworthy?
  3. Timing: Was the new evidence available at the time of the original trial, or was it discovered after the trial?
  4. Prejudice: Would the admission of new evidence prejudice the opposing party or affect the fairness of the trial?

Ultimately, the decision to admit new evidence on appeal is within the discretion of the appellate court, and the court will weigh the factors above to determine whether the new evidence is admissible.