Among them could be: Newly discovered evidence, or witnesses - procedural, or judicial error in the previous trial - almost anything that a good attorney might discover ... or dream up.
If you have been before the same judge on different matters can you request a new judge on your new case?
"Filing an appeal."
Usually, but not necessarily, a new judge will ee assigned to the case.
A mistrial occurs before the end of the trial, usually caused by improper responses from a witness, improper questions from an attorney or some statement or action in the presence of the jury that prejudices the jury. A mistrial also occurs if the jury is unable to reach a verdict. If a judge declares a mistrial then the trial is finished. A new trial with a new jury usually follows at a later date. A motion for a new trial may be filed by a defense attorney after a defendant has been found guilty at the completion of the original trial. The motion for a new trial is usually based on a defense attorney's perception of an error committed by the judge in the original trial.
Unless there is a mistrial or a new trial is ordered after a conviction is appealed, there is only one trial per defendant per set of charges. An acquittal (finding of "not guilty") cannot be appealed. This is the same whether the trial is heard by a judge (a bench trial) or a jury.
When I received my Guilty verdict for a Trial by Declaration, I was automatically granted traffic school and given a date by which I had to pay the additional court fee and complete my traffic school session. Best if you call your local court and confirm.
To request a retrial, a person typically needs to file a motion with the court where the original trial took place. This motion should outline the reasons why a retrial is necessary, such as new evidence or errors in the original trial. The court will then review the motion and decide whether to grant a retrial.
what is a new trial location called????? what is a new trial location called????? Change of venue
Bundy never had a new trial.
A second time; afresh. A trial or hearing that is ordered by an appellate court that has reviewed the record of a hearing in a lower court and sent the matter back to the original court for a new trial, as if it had not been previously heard nor decided. This applies to law.
In many states they are the Circuit courts. In some they are the Superior Courts. In New York state it is the Supreme Court. In the federal system it is the US District Court for most matters.
Actually a court of appeals cannot decide that. A court of appeals can only decide whether or not the trial court correctly followed procedures and existing legal precedence. It is entirely possible for procedures and legal precedence to be completely unfair (they have been many times) but if the trial court properly followed them, the court of appeals must support the trial court's decision. If the court of appeals decides that the trial court failed to follow procedures and/or existing legal precedent, then the case must be retried in a trial court.