A petition for a new trial is a legal request made by a defendant who believes that significant errors occurred during their trial which affected the outcome of the case. This petition seeks to have the case re-examined in front of a new judge or jury.
There are several grounds on which a petition for a new trial can be based, including:
Newly discovered evidence. This is evidence that was not available at the time of the original trial and could potentially change the verdict.
Legal errors. These are mistakes made by the judge regarding the law, such as incorrect jury instructions or improper admission or exclusion of evidence.
Juror misconduct. Instances where jurors behaved inappropriately, such as discussing the case outside of deliberations or being influenced by external factors.
Prosecutorial misconduct. Actions by the prosecuting authority that violated the defendant’s rights, including exculpatory evidence or knowingly presenting false or perjured testimony.
What is the process for filing a petition for a new trial?
The first thing you should do is consult with an attorney who has handled a petition for a new trial. It is important to recognize that petitions for a new trial are not as common as other post-conviction proceedings, therefore, far fewer attorneys have handled these cases. It is best to consult with an attorney experienced in this area.
After you hire an attorney, the next step is to obtain the entire trial, appellate and habeas files from prior counsel, and work collectively to investigate all potential claims that may be available. Once this is complete, your attorney will prepare a petition, outlining the grounds for a new trial and presenting supporting evidence.
Please keep in mind that a petition for a new trial, much like a habeas corpus petition, is a civil action that will be processed as such. This means that there is no presumption of innocence, and the petitioner has the burden of proof. The state is now the defendant and does not have to do anything to defend itself. The burden is entirely on the petitioner.
Is there a time limit to file a petition for a new trial?
Yes, there is a time limit. That limit will depend on the procedural history of the case. However, in Connecticut the limit is three years from the date of judgment. There are exceptions for the discovery of DNA evidence or other newly discovered evidence that was not discoverable at the time of the trial or at the time of any prior petition for new trial. The law is very rigid on this, therefore, it is necessary that you contact an experienced attorney immediately if you believe that you have a right to relief under this statue.
Why chose us?
We have experience in this unique are of the law, having litigated these petitions in the past. We always offer a free, no obligation consultation and will advise you whether your case has merit.