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Cases using phrasing similar to:
"In order for the court to grant such a motion, Baxter must meet the following five-part test: (1) the evidence must be newly discovered since the trial; (2) due diligence on the part of the movant to discover the new evidence must be shown; (3) the evidence must not be merely cumulative or impeaching; (4) the evidence must be material; and (5) the evidence must be such that a new trial would probably produce a new result."

  Kuenzel v. Allen - 11th Circuit

Decided: 1/12/2011

His affidavit simply criticizes the conclusion reached in 1987 by the state firearms expert, Lawden Yates, that the burnt shotgun shell found in the trash barrel at petitioner's home had been fired from the Harrington & Richardson 16—gauge shotgun borrowed by petitioner from his stepfather. ... For instance, petitioner has offered the affidavits of his mother, sister, brother, 1224*1224 and a mitigation expert, all to establish that petitioner had a difficult childhood and has been a good and responsible adult, (Docs.

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