Yes, they can present different evidence. They don't have to present the same trial over and over again. In fact, many times they don't present all of their evidence in a trial, it is up to the prosecutor to decide what evidence he needs to convict. That being said, if that evidence was new and never turned over you have an issue. That is to say if the evidence materialized and your attorney never had a chance to look at it or investigate it, you have an issue.
Answered on Jan 29th, 2018 at 8:23 AM