Legal Definitions - Berry rule

The Berry Rule is a legal doctrine that applies to a defendant who wants to request a new trialbased onnewly discovered evidence. To be successful, the defendant must prove four things:

1. The evidence is newly discovered and was not known to the defendant at the time of the trial.
2. The evidence is material, meaning it is important and relevant to the case, rather than just repeating what was already presented in court.
3. The evidence will likely result in an acquittal, meaning the defendant would be found not guilty if the evidence was presented at a new trial.
4. The defendant was not at fault for not discovering the evidence earlier, meaning they were diligent in their efforts to find it.

For example, let's say a person was convicted of a crime based on the testimony of a witness. After the trial, the defendant discovers that the witness had a history of lying and had lied in other cases. If the defendant wants to request a new trial based on this newly discovered evidence, they would need to prove that the evidence was not known to them at the time of the trial, that it is material to the case, that it would likely result in an acquittal, and that they were not at fault for not discovering it earlier.