The grounds for a new trial in this case may include errors in the legal proceedings, new evidence that was not available during the original trial, or misconduct by the prosecution or defense.
vacated and remanded for a new trial
Usually, but not necessarily, a new judge will ee assigned to the case.
Then the case would be sent back down to the lower court for a new trial. If it is a civil case, no one will have to pay funds until the new trial. If it is a criminal case, you will generally have to post a new bond to be released for the duration of the new trial.
When a case is remanded, it is sent from an appellate court to either a lower appellate court or the trial court with instructions to that court to take a particular action regarding the case. For example, if an appellate court vacates a conviction, it may remand the case to the trial court for a new trial.
It would appear that if your case was a "Bench Trial" and you can prove malfeasance on the part of the judge you may have grounds to appeal your case.HOWEVER, if your case was tried by a jury and the jury found you guilty, You would have to show strong evidence that the judge swayed the trial and/or the jury's decision against you.
A new trial will be granted if there were errors.
Yes, it is generally permissible for new evidence to be introduced during a trial, as long as it is relevant to the case and meets the rules of evidence.
No, in a mistrial, the evidence from the original trial cannot be used again. The case must be retried with new evidence and a new jury.
The case is scheduled to go to trial next month.
If a judge dies during a trial, a new judge would typically be assigned to the case to ensure continuity and proceed with the trial. The new judge would review the case documents and proceedings before making any decisions or rulings.
WRAL Murder Trials - 2003 Michael Peterson Case Will Michael Peterson Get a New Trial was released on: USA: 18 April 2006
The double jeopardy exception for introducing new evidence in a criminal case is when new evidence is discovered after a trial has ended, but it can only be used if it proves the defendant's innocence. This exception allows for a new trial to take place in order to ensure justice is served.