Topic: as this test is conjunctive, failure to establish one prong… · Go Syfert
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Topic #14818

4 canonical passages across 2 cases, quoted by 27 opinions in total. These passages cluster together because the same opinions keep quoting them side by side — they state parts of one doctrine. The anchor passage is from Commonwealth, Aplt. v. Solano, R..

#Case FlagCanonical passage Citers
1 Commonwealth, Aplt. v. Solano, R. Anchor
pa · 2015
green “as this test is conjunctive, failure to establish one prong obviates the need to analyze the remaining ones.” 16
2 Commonwealth v. Pagan
pa · 2008
green “demonstrate that the evidence: (1) could not have been obtained prior to the conclusion of the trial by the exercise of reasonable diligence; (2) is not merely corroborative or cumulative; (3) will not be used solely to impeach the credibility of a witness; and (4) would likely …” 5
3 Commonwealth v. Pagan
pa · 2008
green “(1) could not have been obtained prior to the conclusion of the trial by the exercise of reasonable diligence; (2) is not merely corroborative or cumulative; (3) will not be used solely to impeach the credibility of a witness; and (4) would likely result in a different verdict i…” 3
4 Commonwealth v. Pagan
pa · 2008
green “likely result in a different verdict if a new trial were granted.” 3

A red or yellow flag on a member means the underlying case has negative treatment — for those, check the case page before relying on the passage.

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