United States v. Douglas Turns

How courts have described this case

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

• recognizing that “evidence” was not whether a witness would testify truthfully but what information the witness had about the material facts of consequence at trial
• recognizing that “evidence” was not whether a witness would testify truthfully but what information the witness had about the material facts of consequence at trial
• applying the same rule in a case in which the defendant asserted that the evidence was unavailable because the witness who was to provide the evidence had threatened to perjure herself at trial
• applying the same rule in a case in which the defendant asserted that the evidence was unavailable because the witness who was to provide the evidence had threatened to perjure herself at trial
• “A witness’s shifting desire to testify truthfully does not make that witness’s testimony ‘newly discovered’ evidence.”
• “The key to deciding whether evidence is newly discovered or only newly available is to ascertain when the defendant found out about the information at issue.”

Source: CourtListener parenthetical corpus (CC0).