The Berry rule is a legal principle derived from the court case Berry v. State in 1851. It stipulates that in order for someone to be granted a new trial based on new evidence, they must establish four criteria. Firstly, the evidence must be newly discovered and unknown to the person during the original trial. Secondly, the evidence must be significant and not merely repetitive of what was previously presented. Thirdly, the evidence must be compelling enough to potentially result in a verdict of not guilty. Lastly, the person seeking a new trial cannot be deemed negligent or lazy in their efforts to uncover the evidence prior to the original trial.
The Berry Rule is a legal principle that applies to defendants seeking a new trial due to newly found evidence. In order to succeed, the defendant must establish four key points: Firstly, the evidence must be recently discovered and unknown to the defendant during the original trial. Secondly, the evidence must be material, meaning it is significant and relevant to the case, rather than merely duplicating what was already presented in court. Thirdly, the evidence should likely lead to an acquittal, indicating that the defendant would be found not guilty if it were presented in a new trial. Lastly, the defendant must demonstrate that they were not at fault for failing to discover the evidence earlier, proving their diligence in searching for it. For instance, suppose an individual was convicted based on a witness’s testimony. After the trial, the defendant uncovers that the witness has a history of dishonesty and has lied in previous cases. To request a new trial based on this newfound evidence, the defendant would need to prove that they were unaware of the evidence during the original trial, that it is relevant to the case, that it would likely result in an acquittal, and that they made reasonable efforts to discover it earlier.
The Berry Rule is a legal principle that requires federal agencies to give preference to certain individuals, known as “preference eligibles,” when filling vacant positions in the federal government.
Preference eligibles are individuals who have served in the military, have a disability rating of at least 30%, or are surviving spouses of deceased military members.
Under the Berry Rule, federal agencies must give preference to preference eligibles by considering them before non-preference eligibles for vacant positions.
In general, a non-preference eligible can only be hired over a preference eligible if the agency can demonstrate that the non-preference eligible is better qualified for the position.
A preference eligible can be denied a job if the agency can demonstrate that another preference eligible is better qualified for the position.
The Berry Rule primarily applies to initial hiring decisions, but it does not specifically address promotions. However, federal agencies generally give preference to preference eligibles for promotions as well.
A preference eligible can be denied a promotion if the agency can demonstrate that another candidate, whether preference eligible or not, is better qualified for the position.
Yes, a preference eligible can file a complaint with the appropriate agency or the U.S. Merit Systems Protection Board if they believe the Berry Rule was violated during the hiring or promotion process.
If the Berry Rule is found to be violated, remedies may include back pay, reinstatement, or other appropriate relief to the preference eligible.
There are limited exceptions to the Berry Rule, such as when a position is deemed to be of a confidential or policy-determining nature, or when a preference eligible is not available for appointment within a reasonable period of time. However, these exceptions are narrowly interpreted and must be justified by the agency.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 16th April 2024.
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