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Larrison Rule: A Comprehensive Guide to Its Legal Definition and Application
Definition & Meaning
The Larrison Rule is a legal principle that allows a defendant to request a new trial based on newly discovered evidence, particularly if that evidence reveals that a key witness provided false testimony during the original trial. This rule is significant in ensuring that justice is served, as it recognizes that false testimony can lead to wrongful convictions. The rule originated from the case Larrison v. United States, 24 F.2d 82 (7th Cir. Ill. 1928).
Table of content
Legal Use & context
The Larrison Rule is primarily applied in criminal law, where defendants may seek retrials due to the introduction of false evidence that could have influenced the jury's decision. This rule is particularly relevant in cases involving serious charges, where the stakes are high, and the integrity of witness testimony is crucial. Users can manage related legal processes using templates from US Legal Forms to ensure they follow the correct procedures when filing for a new trial.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
Example 1: A defendant in a robbery case discovers after the trial that a key witness, who testified against them, had previously lied under oath about their whereabouts. The defendant can file for a new trial under the Larrison Rule.
Example 2: A person convicted of drug possession learns that a government informant provided false information about their involvement. They may seek a retrial based on this new evidence. (hypothetical example)
State-by-state differences
Examples of state differences (not exhaustive):
State
Variation
California
Allows retrials based on newly discovered evidence under specific conditions.
New York
Has stricter requirements for proving that testimony was false.
Texas
Requires clear and convincing evidence of false testimony for a retrial.
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
Comparison with related terms
Term
Definition
Key Differences
New Trial
A retrial of a case due to various reasons, including procedural errors.
Larrison Rule specifically addresses false testimony as grounds for a new trial.
Post-Conviction Relief
Legal procedures to challenge a conviction after the trial has concluded.
Post-conviction relief can include various claims, while the Larrison Rule focuses on false testimony.
Common misunderstandings
What to do if this term applies to you
If you believe the Larrison Rule applies to your case, consider taking the following steps:
Gather any new evidence that demonstrates false testimony.
Consult with a legal professional to assess your situation and determine the best course of action.
Explore US Legal Forms for templates that can assist you in filing for a new trial.
Complex cases may require professional legal help to navigate effectively.
Find the legal form that fits your case
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