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Reasons a person serving a Life Sentence might receive a new trial could include:- New evidence that substantially changes evidence or testimony the court heard before

- New DNA evidence that clearly absolves the person

- Proof that the Court or Prosecutor unlawfully prosecuted and convicted, or they committed wrongdoing during the trial

- Proof that the defendant had inadequate counsel on one or more important points of Law

- A ruling from an Appeals Court or Supreme Court


A defendant cannot just say he / she didn't get a fair trial---the exact reasons must be linked to existing Law and shown to have violated the person's legal rights to a fair trial.


A new trial is only ordered IF there is/are substantial reason(s) to retry the case. The retrial would include pertinent new witnesses and new evidence, but some previously resolved issues might be left untouched, allowed to stand as is from the prior trial.


The only other way to overturn a life sentence would be if the top official (State Governor, or if Federal, the US President) issued a pardon--very rare.

One reason so many people are against the Death Penalty is that there are sometimes wrongful convictions. A person with a Life Sentence has a chance to have the conviction overturned--IF they can prove an injustice occurred under the Law.

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Q: How do you overturn a life sentence?
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