Powell v. New York Life Insurance

How courts have described this case

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

• holding that defendant complied with promptness requirement of Rule 720(C) by filing within three weeks of publication of after-discovered evidence and “immediately” after its discovery
• concluding that “procedure demands that the lower court develop the record and make [a] call in the first instance” on whether after-discovered evidence warrants a new trial
• reiterating that after-discovered evidence may not be used solely for purposes of - 23 - J-A05019-21 impeachment
• remanding for an evidentiary hearing based on claim of after-discovered evidence first raised on appeal
• finding it unlikely that appellant could have discovered criminal activity of witness prior to exposure in news article
• vacating judgment of sentence, remanding for evidentiary hearing regarding, inter alia, after-discovered evidence, and instructing trial court to re-impose judgment of sentence if new trial was not required

Source: CourtListener parenthetical corpus (CC0).