California, United States of America
The following excerpt is from In re Miles, 213 Cal.Rptr.3d 770 (Cal. App. 2017):
The phrase "material evidence" is defined as: "That quality of evidence which tends to influence the trier of fact because of its logical connection with the issue. Evidence which has an effective influence or bearing on question in issue." (Black's Law Dictionary (6th ed. 1990) p. 976, col. 2.) "[A] matter is collateral if it has no logical bearing on any material , disputed issue." (People v. Contreras (2013) 58 Cal.4th 123, 152, 165 Cal.Rptr.3d 204, 314 P.3d 450, italics added.) Here, we have already determined that the confessions are not merely "collateral." Thus, we have necessarily determined that the confessions are also "material."
As to timeliness, it has long been a requirement that all habeas petitions
[213 Cal.Rptr.3d 792]
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.