Post Trial Motions

Question 1

What is a Motion for a jugment of aquital and when do you make it?

Answer 1

Ask Judge to say the E is insufficent to warrant a conviction. It is made when the case has settled.Close of states evidence or at the close of all the evidence. The jusge could enter this even if the motion is not made.

Question 2

What is the time for Motion for a new trial/arrest of judgement?

Answer 2

This must be made within 10 days of a jury verdict, or ct makes a finding of guilt or innicence. They can grant a new trial or arrest judgment.

Question 3

What is a mistrial?

Answer 3

When circumstances make it impractical or impossibel to continue the trial.

Question 4

When must a florida court grant a new trial?

Answer 4

Jury decided the verdict by casting lots
case is decided contrary to the evidence
new evidecnce that could not be dicoverd appears
prejudice of defendants substatial rights

Question 5

What are some of the gorunds of prejudice that could warrant a new tiral?

Answer 5

Defendants absence
juror misconduct
prosecurtroial misconduct
unfair or bias trial
legal eror
jury instruction error

Question 6

What are the grounds for arrest of jusgement?

Answer 6

One or more of the following gounds:

1) defective charging document.
2) . lack of jursidiction
3) . improper conviction