TITLE	Supreme Court en banc Order 2005Mo472 Dated July 16, 2009¡¼Re-Appeal against Decision of Dismissal of Retrial¡½ [full Text]
Summary
[1] As to ¡°when evidence has been newly discovered¡± as ground for retrial under Article 420 subparag. 5 of the Criminal Procedure Act, whether the evidence should be new not only to the court but also to the defendant seeking retrial (affirmative) [2] Scope of pre-existing evidence to be evaluated together in determining ¡°clear evidence to acknowledge innocence, etc.¡± under Article 420 subparag. 5 of the Criminal Procedure Act [3] Where the Re-Appellant offered a piece of evidence as grounds for retrial, the case affirming the lower court¡¯s judgment that the aforementioned evidence does not constitute ¡°clear evidence to acknowledge innocence¡± under Article 420 subparag. 5 of the Criminal Procedure Act, although the lower court erred in the deliberation or decision as to the requirements for newness and obviousness of evidence

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