Topic
New Evidence
9 published works
UK Human Rights Blog
Application for fresh inquest refused
Farrell v HMC for North East Hampshire [2021] EWHC 778 (Admin) Applying for a fresh inquest is not straightforward. First, the bereaved have to get permission from the Attorney General.…
Paul W. Mollica Federal Courts Blog
Split Seventh Circuit Panel Upholds Fed. R. Civ. P. 60(b) Order of New Trial That Lifted $80,000 Civil-Rights Verdict to $22 Million
In Fields v. City of Chicago, No 17-3079 (7th Cir. Nov. 20, 2020), a split panel holds that the district court did not abuse its discretion by reopening a case…
Ohio Appellate Insights
Update: New Trial Denied in Prade Case
Douglas Prade, a former Akron Police Captain, was convicted and sentenced to life in prison for the alleged murder of his ex-wife, Dr. Margo Prade, who was shot and killed…
EvidenceProf Blog
Nevada Man Gets Chance to Argue Innocence Before State Supreme Court Based on New Evidence
By Colin Miller
A conviction that started with an anonymous tip might soon be overturned.DeMarlo Berry was convicted of killing Charles Burkes, a Carl's Jr. restaurant manager, during a robbery in 1994. But in…
Patents Post-Grant
PTAB to Permit New Evidence with Preliminary Responses?
Is Patentee Evidence Too Much Additional Work for the Board? As discussed previously, the USPTO has issued a Request for Information (RFI) entitled, Request for Comments on Trial Proceedings Under the America…
The Contingency
Michael Jackson Estate Beats $44 Million Manager Claim
When can "newly discovered evidence" save you from a bad outcome, even after the time for appeal has expired? Rarely, the D.C. Circuit ruled on May 13. Too rarely, Blawgletter…
Chicago IP Litigation
Evidence Must Be Newly Discovered to Vacate Arbitration Award
Nilssen v. MagneTek, Inc., No. 05 C 2933, 2008 WL 1774984 (N.D. Ill. Apr. 16, 2008) (Der-Yeghiayan, J.). Judge Der-Yeghiayan confirmed an arbitration award and denied plaintiff's motion to vacate…
EvidenceProf Blog
Paradise Found?: Defense Counsel Presents Newly Discovered Evidence in West Memphis 3 Case
By Colin Miller
In 1994, three Arkansas teenagers, now known as the West Memphis 3, were convicted of murdering three 8 year-old boys, allegedly as part of a satanic sacrifice involing binding the…
Florida Probate & Trust Litigation Blog
What does it take to get new evidence admitted after trial?
Robinson v. Weiland, 936 So.2d 777 (Fla. 5th DCA Sep 01, 2006) In the linked-to case two annuities were at issue. At the center of the dispute were two change-of-beneficiary…