Motion for Judgment of Acquittal & Post-Trial Motions

Question 1

Motion for Judgment of Acquittal

Answer 1

= a civil motion for directed verdict
May be made at the close of the state’s case
May also be made post-trial within 10 days of a guilty verdict or mistrial

Question 2

Motion for New Trial

Answer 2

• May be made within 10 days after the defendant is found guilty
• Trial court must grant a new trial if:
  (i) jurors decided the case by lot;
  (ii) verdict is contrary to the law or the weight of the evidence; or
  (iii) new, previously undiscoverable evidence would probably change the outcome
• Trial court must also grant a new trial if substantial rights of the defendant were prejudiced by: juror misconduct, jury consideration of out-of-court evidence, the judge’s error on law or jury instructions, involuntary absence of the defendant when his presence is required, or any other reason that the defendant did not get a fair trial

Question 3

Motion in Arrest of Judgment

Answer 3

Must be filed within 10 days after defendant is found guilty.

Available grounds:
- fatal defect in the charging instrument
- lack of jurisdiction
- conviction by the jury of an offense not under the charging instrument

Question 4

Motion to Interview Juror

Answer 4

A party who has reason to believe that the verdict may be subject to legal challenge may move, within 10 days after rendition of the verdict, for an order permitting an interview with a juror or jurors.