Q. What is considered “fresh evidence”?

A. Fresh evidence is any “new or significant” information in a case that indicates a miscarriage of justice likely occurred. What is significant is that this “fresh” evidence was not examined at the original trial or on appeal. Also significant is that this new information must be reasonably
capable of belief, related to the issue of guilt and would have likely affected the verdict if it had been presented at trial.

Q. What are some examples of fresh evidence?

A. Some examples include (but are not limited to):

1. Anything that establishes or confirms an alibi;
2. Another person’s confession;
3. Anything that identifies another person at the scene of the crime;
4. Scientific evidence that points to innocence or another’s guilt;
5. Proof that important evidence was not disclosed;
6. Proof that shows a witness gave false testimony or substantially contradicts testimony at trial.