If you discovered evidence that merely speaks to your innocence, then you may be able to obtain a writ of actual innocence and receive a new trial.
The four steps to proving your innocence are:
(1) Having newly discovered evidence. "Newly discovered evidence" means evidence that could not have been discovered by you and/or your attorney(s) through due diligence in time to request a new trial in:
(a) 10 days in the interests of justice,
(b) within 90 days for fraud/mistake/irregularity, or
(c) the later of:
i. 1 year after your sentence is imposed, or
ii. 1 year after the last appellate court to hear your case issues its mandate to the lower court (if you appealed your conviction and sentence).
(The exception is evidence of new DNA, which can be raised at any time).
(2)Having evidence "speaks to" your actual innocence, though it doesn't need to prove your innocence definitively. This evidence does not have to be as dramatic as new DNA. It often includes reports, notes, or other documents revealing:
- Statements not disclosed by the State or its agents, even accidentally.
- Misconduct by the State.
- Undisclosed cooperation agreements or sentencing benefits between witnesses and the State.
(3) Applying that evidence to show a "substantial possibility" that you would have been acquitted if this newly discovered evidence was known at the time or and/or presented during your trial. A "substantial possibility" is a possibility that lies between "some conceivable effect" and a preponderance of the evidence (51%). The newly evidence that you are presenting must be weighed against ALL other evidence presented in your case.
(4) Most importantly: