Legal Question in Criminal Law in Minnesota
If an officer withheld evident, is that consider a mistrial after being convicte
If an officer withheld evident, is that considered a mistrial even after being convicted?
2 Answers from Attorneys
Re: If an officer withheld evident, is that consider a mistrial after being conv
If a police officer failed to disclose evidence, this might be a basis for a motion for a new trial, or post-conviction relief -- or, it might not be. It would depend upon all the facts and circumstances, including discovery obligations and request, testimony under oath, etc.
Re: If an officer withheld evident, is that consider a mistrial after being conv
If exculpatory evidence was not disclosed, it may be a basis for a new trial. Whether or not that is the case depends on the nature of the evidence and how likely that evidence would be to result in an acquittal.
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