United States Fourth Circuit

Just because a defendant could have testified to certain facts at trial does not make newly discovered evidence corroberating those facts cumulative if the defendant did not take the stand at all, particularly where the new evidence has substantially more credibility than what would otherwise be defendant's self-serving testimony.

Appellate Information

• Argued 03/01/2001
• Decided 05/17/2001
• Published 05/17/2001

Judges

• Before NIEMEYER, LUTTIG, and WILLIAMS, Circuit Judges.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Gerald Thomas Zerkin, Gerald T. Zerkin & Associates, Charles David Whaley, Morchower, Luxton & Whaley, Richmond, VA, for Appellants. Joseph William Hooge Mott, Assistant United States Attorney, Roanoke, VA, for Appellee. ON BRIEF:  David P. Baugh, Richmond, VA, for Appellant Ethel Fulcher.  Robert P. Crouch, Jr., United States Attorney, Roanoke, VA, for Appellee.