New Evidence of Innocence is another common argument in a post-conviction argument. The United States Supreme Court, in Schlup v. Delo, states that actual innocence allows the reviewing tribunal to consider the probative force of relevant evidence that was either excluded or unavailable at trial. But will any new evidence suffice? Not exactly. The Court in Schlup v. Delo, also tells us…
Misconduct by the prosecution can transpire in a multitude of ways, such as suppression of evidence and making improper remarks to a jury. In 1935, the United States Supreme Court stated in Berger v. United States that a prosecutor “…may prosecute with earnestness and vigor — indeed, he should do so. But, while he may strike hard blows, he…
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