Michigan v. Rao

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This case required the Supreme Court to revisit and reemphasize, several aspects of the test governing motions for a new trial, set forth in "Michigan v. Cress" (664 NW2d 174 (2003)). The Court began with "the unremarkable observation that when the Defendant possesses knowledge of evidence at the time of trial, that evidence cannot be characterized as 'newly discovered' under the first part of the 'Cress' test." In addition, the Court clarified that knowledge of evidence at the time of trial necessarily implicates the third part of the "Cress" test, which requires the Defendant to undertake "reasonable diligence" to discover and produce the evidence at trial. Furthermore, the Court emphasized that the Defendant carries the burden of making the requisite showing regarding each of the four parts of the "Cress" test. "Adherence to these principles-- each of which is discernable from our caselaw-- is necessary to maintain the balance between generally upholding the finality of criminal judgments, and unsettling such judgments in the unusual case in which justice under the law requires." In this case, the Court concluded that the Court of Appeals "strayed" from these principles by overlooking that Defendant and defense counsel were both well aware at the time of trial alleged newly discovered evidence could have supported the defense and impermissibly relieved Defendant of her burden of showing that she could not, through the exercise of reasonable diligence, have discovered and produced the evidence at trial. Accordingly, the Court reversed the judgment of the Court of Appeals, reinstated the trial court's order denying Defendant's motion for a new trial, and remanded to the Court of Appeals for consideration of Defendant's remaining issues. View "Michigan v. Rao" on Justia Law