Commonwealth v. Padillas

How courts have described this case

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

• noting a court must consider “the overall strength of the evidence supporting the conviction”
• “a defendant who fails to question or investigate an obvious, available source of information, cannot later claim evidence from that source constitutes newly discovered evidence”
• “Where the new evidence, however, supports claims the defendant previously made and litigated at trial, it is probably cumulative or corroborative of the evidence already presented.”
• “[T]he defendant must show by a preponderance of the evidence that each of these factors has been met in order for a new trial to be warranted.”

Source: CourtListener parenthetical corpus (CC0).