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Berry rule refers to a legal doctrine that was developed from the case, Berry v. United States, 130 S. Ct. 1139 (U.S. 2010). It is also known as a four-part test. Under this rule, a defendant seeking a new trial on newly discovered evidence must show the following:
1.the evidence was newly discovered and unknown to a defendant at the time of the trial;
2.the failure to detect the evidence was not a result of lack of due diligence by the defendants;
3.the evidence is material, not merely cumulative or impeaching; and
4.the evidence will probably produce an acquittal.
However, if the defendant fails to meet one of the four factors, the motion for new trial will be denied.