What is the test for federal habeas relief for a state prisoner who has discovered new evidence in his criminal case?
MultiRegion, United States of America
The following excerpt is from Pine v. Bunnell, 942 F.2d 793 (9th Cir. 1991):
The mere existence of newly discovered evidence relevant to the guilt of a state prisoner is not a ground for federal habeas relief unless the evidence "would probably have resulted in the defendant's acquittal." Gordon v. Duran, 895 F.2d 610, 614 (9th Cir.1990).
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