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motion for a new trial

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motion for a new trial n. a request made by the loser for the case to be tried again on the basis that there were significant legal errors in the way the trial was conducted and/or the jury or the judge sitting without a jury obviously came to an incorrect result. This motion must be made within a few days after the judgment is formally entered and is usually heard by the same judge who presided at the trial. Such a motion is seldom granted, (particularly if the judge heard the case without a jury) unless there is some very clear error which any judge would recognize. Some lawyers feel the motion helps add to the record of argument leading to an appeal of the case to an appeals court. (See: motion, judgment notwithstanding the verdict, N.O.V.)


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Young's sentencing had been postponed to Thursday because his attorney wanted to file a motion for a new trial.
The El Paso Times story about the sentencing also noted that the judge "denied the defense's motion for a new trial on the basis that three jurors said they were misled by the jury foreman and voted guilty because they thought they were not allowed to have a hung jury.
In February 2004, a federal judge rejected the motion for a new trial.
 
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