Grounds for a new trial

Category: Criminal Procedure

Sec. 2. Grounds for a new trial. – The court shall grant a new trial on any of the following grounds:
(a) That errors of law or irregularities prejudicial to the substantial rights of the accused have been committed during the trial;
 
(b) That new and material evidence has been discovered which the accused  could  not  with  reasonable  diligence  have  discovered  and produced  at  the  trial  and  which  if  introduced  and  admitted  would probably change the judgment.
    

WHAT ARE THE GROUNDS FOR A NEW TRIAL?

A PARTY MAY MOVE FOR NEW TRIAL ON THE FOLLOWING GROUNDS:
1.    Errors of law or irregularities prejudicial to the substantial rights of the accused have been committed during the trial
2.    That  new  and  material  evidence  has  been  discovered  which  the accused  couldn’t  with  reasonable  diligence  have  discovered  andproduced at the trial and which if introduced and admitted would probably change the judgment
 

ARE THE MISTAKES OF COUNSEL IN CONDUCTING THE CASE VALID GROUNDS FOR A MOTION FOR NEW TRIAL?

     No
     The  mistakes  of  counsel  generally  bind  the  client,  unless  he misrepresented himself as a lawyer when he was in fact not one
     A  new  trial  may  also  be  granted  where  the  incompetence  of  the counsel is so great that the defendant is prejudiced and prevented from fairly presenting his defense and where the error of counsel
is serious
 

WHAT ARE THE REQUISITES FOR GRANTING A NEW TRIAL ON THE GROUND OF NEWLY DISCOVERED EVIDENCE?

THE REQUISITES ARE THE FOLLOWING:
1.    The evidence must have been discovered after trial
2.    Such evidence couldn’t have been discovered and produced at the trial even with the exercise of reasonable diligence
3.    The evidence is material, not merely cumulative, corroborative, or impeaching
4.    The evidence must go into the merits, such that it would produce a different result if admitted