What is Newly Discovered Evidence?

Newly Discovered Evidence in Habeas Cases

What Counts as “New”?

Relief may be granted when important evidence was unavailable at trial and would likely have changed the outcome. Evidence that:

• Did not exist at trial, OR
• Could not reasonably have been found through diligence

Examples:

• New forensic methods
• Witnesses discovered after trial
• Records previously withheld
• Technology improvements (e.g., cell data)

If critical new information has surfaced, you may have grounds for an 11.07 writ.