In most criminal cases, an appeal cannot be based on simply disagreeing with the verdict. Appeals usually require new evidence.
This typically is something that was not available or known during the original trial. The courts expect the new information to be strong enough to possibly change the result of the case. Below are some examples of new evidence that can warrant an appeal in a criminal case.
New witness testimony
Sometimes, a new witness steps forward or becomes known after the trial. This could be someone who was afraid to speak at the time or who was not identified earlier. If their testimony directly relates to the case and could raise doubts about the conviction, it may be accepted as new evidence.
Previously undisclosed evidence
Important evidence may have been left out of the original trial by mistake or misconduct. This could include documents, recordings or physical items. If this information could have affected the jury’s decision, it might support a request for an appeal.
DNA or forensic breakthroughs
New technology often plays a role in appeals. DNA testing that was not available during the original trial may now show different results. In some cases, old evidence can be re-tested using more advanced methods, possibly leading to different scientific conclusions.
Witness recantation
If a key witness from the original trial later admits to lying or changes their story, that may count as new evidence. Courts usually view this type of evidence with care. Additional proof is often needed before it can be used to support an appeal.
Not all new evidence will be accepted by the court. It must be reliable, relevant and likely to change the outcome of the case. When appealing a conviction, it is essential to have legal guidance.