In a criminal case, can witness statements not introduced at trial or brought up during pre-trial discovery be used against a defendant during appeal?

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In a criminal case, can witness statements not introduced at trial or brought up during pre-trial discovery be used against a defendant during appeal?

Asked on August 18, 2012 under Criminal Law, Texas

Answers:

Kevin Bessant / Law Office of Kevin Bessant & Associates

Answered 8 years ago | Contributor

If a case is being appealed, then this means that the ruling of the lower court will either stay in place or be overturned. Anytime a criminal matter is overturned, and a new trial is granted, then it is fair game for statements not introduced previously to be introduced because the case starts anew and is considered a "new trial" with new and old evidence.


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