Successful Post Trial Remedies: Motions for New Trial, Appeals and Writs

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If you have just been convicted, is there any hope? The answer is yes. There are a number of potential post-conviction remedies. One is a New Trial Motion, a second is an Appeal, and the third is a Writ.

MOTION FOR NEW TRIAL

A motion for new trial is the first opportunity to overturn a conviction and have a second chance to fight the charges in front of a new jury. This motion is made before the trial judge before sentencing and therefore is much faster than the appeal process.

The motion has two purposes: The first is to have the case reversed by the trial judge. The second is to raise all appealable issues at the trial court level so that they may be pursued on appeal, if necessary. The golden rule of appeals is that no issues can be raised or evidence presented in an appeal unless it was raised or presented at the trial level.
What does a motion for a new trial involve? Your team must obtain and thoroughly review a transcript of your trial to determine what legal errors were made. Such errors include the failure to present evidence of innocence, improper admission or exclusion of evidence, jury instruction error and jury misconduct.

APPEAL

An appeal is very different from a trial because there is no jury and there is no new evidence presented. As previously noted, the appellate court can only review errors contained in the record on appeal which is one reason a motion for new trial is so important.

The Court of Appeal determines if a legal error was committed that caused prejudice to your case. If the finding is in your favor, a new trial is granted. The Court of Appeal does not decide if the jury made a mistake of fact in deciding your guilt. This is a common misunderstanding by the public.

The appellate case will be decided by a three judge panel, primarily on the basis of written documents called briefs that have been filed by your team of attorneys as well as the prosecutors. The prosecution then has an opportunity to file a respondent’s brief that addresses the issues raised in defendant’s opening brief. After reviewing the respondent’s brief, your attorney can file a reply brief to rebut the prosecution’s arguments. After the briefing stage is completed, the Court of Appeal reviews the briefs along with the record on appeal. The parties may then request oral argument. The presentation of the argument takes place in front of the three judge panel that will decide the case.

WRITS

A Writ may be filed in conjunction with an appeal as a vehicle to present to the Court of Appeal any facts or arguments based on information that is outside of the record.

A post-conviction writ can only be used to establish issues that affect the defendant’s right to a fair trial such as: The denial of the right to effective assistance of counsel; Lack of lower court jurisdiction to try the defendant and; Suppression of material evidence by the prosecution resulting in the denial of a fair trial. Thus, if after the case is over, it is discovered that the district attorney withheld evidence, the issue may be presented to the court of appeal in a writ.

Proof may also be introduced through a writ if an invalid or excessive sentence or probation condition was imposed.

The conduct of trial counsel and its impact on a fair trial are related to ineffective assistance of counsel claims.

The issues most commonly addressed in this kind of writ are failure to conduct a proper investigation, failure to present known and helpful witnesses, failure to make proper objections, and the failure to disclose a conflict of interest which is later discovered.

The Innocence Legal Team provides expert representation in all post-conviction matters.

Please like our videos and subscribe to our channel. If you have been accused, we can help. Visit us at https://innocencelegalteam.com or call us at (888) 871-6408.

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