What is the test for a motion to grant a new trial where new evidence has been discovered?
MultiRegion, United States of America
The following excerpt is from U.S. v. Hanoum, 33 F.3d 1128 (9th Cir. 1994):
We have also held that the newly discovered evidence "must be material to the issues involved, not merely cumulative or impeaching, and must indicate that a new trial probably would produce an acquittal." United States v. Lopez, 803 F.2d 969, 977 (9th Cir.1986), cert. denied, 481 U.S. 1030, 107 S.Ct. 1958, 95 L.Ed.2d 530 (1987).
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