Larrison Rule Law & Legal Definition


Larrison rule refers to a legal doctrine entitling a defendant to a new trial on the basis of newly discovered evidence. New evidence may be a false testimony given by a government witness. The rule is applied when a jury must have reached a different conclusion without the evidence. The rule was developed from the case, Larrison v. United States, 24 F.2d 82 (7th Cir. Ill. 1928).

Under Larrsion rule, a new trial is granted when :

1.The court is reasonably well satisfied that the testimony given by a material witness was false;

2.The jury might have reached a different conclusion in the absence of a false testimony;

3.The party seeking the new trial was taken by surprise when the false testimony was given and was unable to meet it or did not know of its falsity until after the trial.

However, it would be an unusual case in which newly discovered evidence of false testimony might not pave the way for an acquittal. [United States v. Huddleston, 194 F.3d 214, 220 (1st Cir. Me. 1999)].