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?


Asked on 8/27/03, 5:46 pm

2 Answers from Attorneys

Thomas C. Gallagher Gallagher Criminal Defense

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.

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Answered on 8/28/03, 6:09 pm
Maury Beaulier612.240.8005 Minnesota Lawyers

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.

Contact us at http://www.criminal-law.tv or call 952.746-2153

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Answered on 8/28/03, 12:19 pm


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