Argyrou v. State

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding due diligence requires that defendant act “reasonably and in good faith to obtain the evidence, in light of the totality of the circumstances and facts known to [him]”
• noting the assessment of due diligence, at least in the context of newly discovered evidence, must be assessed “in light of the totality of circumstances”
• reiterating “that the breadth of a trial judge’s discretion to grant or deny a new trial ... will expand or contract depending upon the nature of the factors being considered”
• “To qualify as ‘newly discovered,’ evidence must not have been discovered, or been discoverable!],] by the exercise of due diligence.”
• “The trial courts also have authority to weigh the evidence and to consider credibility of witnesses when the motion is grounded on newly discovered evidence.”
• \The trial courts also have authority to weigh the evidence and to consider credibility of witnesses when the motion is grounded on newly discovered evidence.\

Source: CourtListener parenthetical corpus (CC0).