Mississippi Motion For

A variety of circumstances may result in a defendant being re-tried. For example: the failure of the jury to agree upon a verdict; the failure of magistrates to agree upon a verdict. a re-trial being ordered by the Court of Appeal.

In the United States, if a defendant is acquitted of a crime, the Fifth Amendment generally prohibits a retrial; thus, with few exceptions, a retrial only can occur if the verdict in the first trial was "guilty", or if there was no verdict.

N. evidence found by a losing party after a trial has been completed and judgment (or criminal conviction) given, also called newly-discovered evidence. If the evidence absolutely could not have been discovered at the time of trial, it may be considered on a motion for a new trial.

A retrial is permissible if the interests of justice so require, following appeal against conviction by a defendant. A "tainted acquittal", where there has been an offence of interference with, or intimidation of, a juror or witness, can be challenged in the High Court.

Typically, the defendant will file a motion for a retrial after a guilty verdict. If the judge denies the motion, then the defendant may file an appeal to a higher court asking to overrule the judge and grant a new trial.

The appeals courts do not usually consider new witnesses or new evidence. Appeals in either civil or criminal cases are usually based on arguments that there were errors in the trial's procedure or errors in the judge's interpretation of the law.

1. The Rule. Rule 50(a) provides for a motion for judgment as a matter of law (JMOL) which may be made at any time before submission of the case to the jury.If the court decides the initial motion should have been granted, it may set aside the verdict of the jury and enter judgment as a matter of law.

The judge made an error of law. The facts of the case and/or the evidence introduced in the trial court do not support the judge's decision. The judge abused his/her discretion