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An appeal from the post conviction court proceeds just as a direct appeal. That is, it goes to the intermediate appellate court, followed by the highest court. If the petition is granted the appellant could be released from incarceration, the sentence could be modified, or a new trial could be ordered. [11]
Appeals are frequently based on a claim that the trial judge or jury did not allow or appreciate all the facts; if that claim is successful the appeal judges will often order a trial "de novo". In order to protect the individual's rights against double jeopardy , ordering a trial "de novo" is often the exclusive right of an appeal judge.
A new trial or retrial is a recurrence of a court case. A new trial may potentially be ordered for some or all of the matters at issue in the original trial. [1] Depending upon the rules of the jurisdiction and the decision of the court that ordered the new trial, a new trial may occur if: [2][3] a jury is unable to reach a verdict (see hung jury);
Remand (court procedure) Look up remand in Wiktionary, the free dictionary. Remand is when higher courts send cases back to lower courts for further action. In the law of the United States, appellate courts remand cases to district courts for actions such as a new trial. Federal appellate courts, including the Supreme Court, have the power to ...
A renewed 50(a) motion must be filed within 28 days of verdict entry. Rule 50 also covers motions for a new trial. These motions can be granted, denied, conditionally granted, or conditionally denied. Conditional grants or denials cover what will happen if the case is reversed on appeal.
Judge Anne-Christine Massullo speaks during a hearing at the San Mateo County Superior Court in Redwood City, Calif., Thursday, Aug. 11, 2022. Scott Peterson is in court for a hearing to determine ...
Motion (legal) In United States law, a motion is a procedural device to bring a limited, contested issue before a court for decision. [1] It is a request to the judge (or judges) to make a decision about the case. [1] Motions may be made at any point in administrative, criminal or civil proceedings, although that right is regulated by court ...
v. t. e. In law, a motion to set aside judgment is an application to overturn or set aside a court 's judgment, verdict or other final ruling in a case. Such a motion is proposed by a party who is dissatisfied with the result of a case. Motions may be made at any time after entry of judgment, and in some circumstances years after the case has ...