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eBook details

• Title: United States of America v. Huddleston
• Author : United States Court Of Appeals For The Sixth Circuit
• Release Date : January 19, 1999
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 68 KB

Description

For many years, the courts of appeals have been divided over what legal standard obtains when a convicted defendant premises a motion for new trial on a claim that he has newly discovered that the case against him was based in part on the prosecutors unwitting use of perjured testimony. Some courts apply a "probability" standard in such situations, granting relief only if the discovery "probably" or "likely" - courts in this context use the terms interchangeably, and we shall use the former - would lead to an acquittal. See United States v. Torres, 128 F.3d 38, 49 (2d Cir. 1997), cert. denied, 118 S. Ct. 1399 (1998); United States v. Sinclair, 109 F.3d 1527, 1532 (10th Cir. 1997); United States v. Tierney, 947 F.2d 854, 860-61 (8th Cir. 1991); United States v. Krasny, 607 F.2d 840, 844-45 (9th Cir. 1979); United States v. Stofsky, 527 F.2d 237, 245-46 (2d Cir. 1975). Others apply a "possibility" standard, granting relief whenever the discovery "might" have produced an acquittal. See United States v. Wallace, 528 F.2d 863, 866 (4th Cir. 1976); Gordon v. United States, 178 F.2d 896, 900 (6th Cir. 1949); Larrison v. United States, 24 F.2d 82, 87 (7th Cir. 1928). The case at hand requires us to enter this debate and articulate our position.

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