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Oftentimes, at the conclusion of a criminal trial, a defendant may disagree with the verdict or outcome and feel he has been treated unfairly. When this occurs, it is often possible to get a higher court (appellate court) to review the lower trial court’s decision. In order to be granted an appeal to a higher court, a Motion for a New Trial must be filed on behalf of the defendant with the trial court no more than approximately 30 days after entry of judgment against him. Moore, Barrett & Grant has many years’ experience with both the state and federal appellate court systems and has successfully tried and won multiple appeals for our clients. We are committed to defending our clients every step of the way and insuring that their rights are upheld throughout the process.
Writ: A writ is a formal written command issued by the court requiring performance by a person of a certain act. A writ usually requires the person to whom the command is issued to report at a fixed time and date with proof of his compliance or a reason for not complying.
Motion For A New Trial: This motion is a formal document filed on behalf of a defendant at the conclusion of a trial requesting a retrial on the grounds that there were major legal errors in the manner in which the trial was conducted or that the jury obviously came to an incorrect decision. This motion must be filed within a few days of judgment against the defendant having been entered by the court clerk.
State And Federal Appeals: These appellate
courts are considered higher courts and
will review the rulings of lower trial courts.
Generally a case will not be referred to
a federal appeals court until it has gone
through the state appeals system.
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