FROM THE LIBRARY:

Are recantations enough to win?

Recantations alone are rarely sufficient for post-conviction relief. Courts approach them cautiously due to their potential unreliability. For a recantation to support relief, it must be credible, corroborated, and material. This means independent evidence should confirm the new account, the original testimony must have been crucial to the conviction, and the recanting witness would likely be admissible and persuasive in a new trial.

Unsubstantiated or inconsistent recantations typically fail. Effective post-conviction legal teams strengthen recantations with records, expert analysis, and additional witnesses, proactively addressing any issues of admissibility and credibility.

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