Bug Report

Setup

CometBFT version (use cometbft version or git rev-parse --verify HEAD if installed from source): v1.x

Have you tried the latest version: yes

ABCI app (name for built-in, URL for self-written if it's publicly available):
e2e app

Environment:
N/A

node command runtime flags:
N/A

Config

According to nightly e2e manifest: networks/nightly/gen-group01-0004.toml

What happened?

Some evidences are lost during nightly execution:

--- FAIL: TestEvidence_Misbehavior (0.00s)
    evidence_test.go:20: 
        	Error Trace:	/home/runner/work/cometbft/cometbft/test/e2e/tests/evidence_test.go:20
        	Error:      	Not equal: 
        	            	expected: 10
        	            	actual  : 4
        	Test:       	TestEvidence_Misbehavior
        	Messages:   	difference between the amount of evidence produced and committed
FAIL
FAIL	github.com/cometbft/cometbft/test/e2e/tests	23.159s
FAIL

What did you expect to happen?

No failure, all evidences accepted

How to reproduce it

See first commit of PR fixing the problem

Logs

See above

dump_consensus_state output

N/A

Anything else we need to know

This and this are links to instances of this failure.

Root cause identified, fix exists, PR coming up