ANSWERS: 1
  • Possibly, it depends why it was excluded. For example, evidence that was precluded because it was obtained without a proper warrant could become admissible if new evidence would have let to its inevitable discovery. Also, a lot of excluded evidence may still be used for impeachment or rebuttable. For example, a judge will exclude evidence of the defendants prior convictions, but if the defense offers evidence that the defendant is generally a law abiding person, the excluded evidence would then be admissible.

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