Topic: (1) the evidence itself, not merely its materiality, was ne… · Go Syfert
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Topic #7453

3 canonical passages across 2 cases, quoted by 48 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 People v. Cress.

#Case FlagCanonical passage Citers
1 People v. Cress Anchor
mich · 2003
green “(1) the evidence itself, not merely its materiality, was newly discovered; (2) the newly discovered evidence was not cumulative; (3) the party could not, using reasonable diligence, have discovered and produced the evidence at trial; and (4) the new evidence makes a different re…” 31
2 People v. Grissom
mich · 2012
green “historically, michigan courts have been reluctant to grant new trials on the basis of newly discovered evidence.” 10
3 People v. Cress
mich · 2003
green “for a new trial to be granted on the basis of newly discovered evidence, a defendant must show that: (1) the evidence itself, not merely its materiality, was newly discovered; (2) the newly discovered evidence was not cumulative; (3) the party could not, using reasonable diligen…” 7

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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