Post-Trial Flashcards
Motion for Judgment of Acquittal
Same as for directed verdict.
May be made at close of State’s case, or w/i 10 days of guilty verdict or mistrial.
Motion for New Trial
May be made w/i 10 days after D found guilty.
Must be made if:
i. Jurors decide case by lot
ii. Verdict contrary to weight of evidence
iii. New evidence discovered would likely change outcome.
iv. If substantial rights of D were prejudiced by:
-Jury misconduct
-Jury consideration of out of court evidence
-Any reason D didn’t get a fair trial
Judge may discharge defendant, or find guilty of lesser offense.
**State may appeal new trial grant but may not retry D for a higher offense.
Motion in Arrest of Judgment
Like a tardy motion to dismiss.
Must be filed w/i 10 days after D found guilty.
Grounds:
i. Fatal defects in charging instrument
ii. Lack of jurisdiction
iii. Conviction of an offense not on charging instrument
Motion to interview Juror
If possibly subject to legal challenge, a party may move w/i 10 days after verdict for order to interview juror(s)
Post-trial release
If D guilty of noncapital offense, court may release pending review by appeal.
However:
Bail may not be granted to someone previously convicted of felony who hasn’t had civil rights restored, or has other felony charges pending.
Presentence Investigative Report (PSI)
Judge may request one when they have discretion of what sentence to impose.
Mandatory for:
i. Imprisoned for first felony
ii. Juvenile who commits felony
iii. Probation violation
Capital case sentencing
Divided into guilt and sentencing phase.
-Sentencing phase may introduce evidence of aggravation/mitigation, and cross-examine W’s. Permitted one argument.
Sentencing guidelines
Facts about judge deviation from sentencing guidelines shown by preponderance of the evidence.
-Offense worksheet. Points assigned for offense, prior record, use of firearms, if a drug trafficking offense etc.
State prepares and presents to D’s counsel.
Correction of sentence
A party may move to have ANY error in sentencing corrected until later of:
i. Expiration of time for appeal
ii. Party files brief on appeal
If not filed w/i 60 days, deemed denied (does not apply in death penalty cases)
A court may reduce a sentence:
On its own or on motion, w/i 60 days after:
i. Imposition of sentence
ii. Appellate court affirming sentence
- or-
iii. Receipt of final order in any further appeal.
If upon motion, court has 90 days to enter a ruling on the motion.
Motion for Post-Conviction Relief
Available to anyone sentenced by FL courts.
Grounds (must be made w/i 2 years for noncapital cases, 1 year for capital):
i. Constitutional issues
ii. Lack of jurisdiction
iii. Sentencing exceeds max (may be made anytime)
iv. Involuntary plea
Time computation - Period in hours
Count begins immediately on occurrence of triggering event. Hours during weekend or holiday are included. If ended on a weekend/holiday, then ends next business day.
Time computation - Days or longer
Day of triggering event NOT included. Weekends and holidays also not included if less than seven days. If longer than seven, they are included.
Motions for rehearing
State may file motion with trial ct w/i 10 days after court issues order subject to appellate review. May only raise issues previously raised in proceeding.
Response filed w/i 10 days of service of motion. Trial ct must file an order disposing of motion w/i 15 days of response.
