Those convicted of any crime in Massachusetts should always consider challenging their conviction by filing an appeal. One way to litigate a Massachusetts Appeal is asking the trial judge to consider a Motion for New Trial based on undisclosed evidence by the prosecution.
In order to secure a new trial on the basis of undisclosed evidence, a defendant must be able to establish 3 things:
- the evidence was in the possession, custody or control of the prosecutor;
- the evidence is potentially exculpatory (e.g., tends to show evidence of innocence); and