Paving The Way To Justice

Cassandra Stamm
Paving The Way To Justice

Leveraging new evidence in felony appeals in Hawaii

On Behalf of | May 13, 2024 | Criminal Law

Facing a felony conviction is overwhelming, and the prospect of appealing the decision can add to the stress. However, the emergence of new evidence can offer a lifeline. This type of evidence could potentially overturn a conviction if it significantly impacts the case’s outcome.

The role of new evidence in appeals

New evidence might include anything from unexpected witness testimony to new forensic results that challenge the conclusions of the original trial. Such evidence can lead to an appeal if it meets certain criteria, offering a fresh chance for those previously convicted.

Criteria for submitting new evidence

In Hawaii, the criteria for new evidence are stringent. The evidence must be something that couldn’t have been found with reasonable efforts before the trial. It should be directly related to major issues in the case and important enough that it could change the verdict. Most importantly, it must offer new insights, not just repeat what was already considered during the trial.

Navigating the process

If new evidence comes to light, the next step isn’t a straightforward appeal but filing a motion for a new trial. This is because you’re not just challenging a legal oversight, but introducing new facts that could change the outcome. It’s important to act quickly, as one only has 30 days after the judge’s ruling to file an appeal.

Introducing new evidence can significantly affect the outcome of a felony conviction appeal. For anyone caught in such circumstances, it’s vital to understand how this process works. Recognizing when and how to introduce new evidence can make a crucial difference in achieving justice.