Motions for New Trial Based on Newly Discovered Evidence

Even if you have been convicted in a Texas state or federal court, your case may not be over. Based on newly discovered evidence, such as a witness coming forward to support an alibi, the court could set aside the finding or verdict of guilt and grant you a new trial. In other words, it may be possible to get a “do-over” or “reset” in your case in certain circumstances.

However, courts do not take the decision to grant new trials lightly. When you file a motion for a new trial based on newly discovered evidence, you must follow all procedural rules, gather strong supporting evidence, and present compelling reasons for the court to grant you such relief. It will benefit you to work with an experienced Texas criminal defense attorney.

At Broden & Mickelsen, LLP, we have over 60 years of combined experience in criminal defense law and a proven track record of success in post-conviction cases. We are ready to put our experience to work for you. To learn more, contact us today and receive a free consultation.

What Is a Motion for a New Trial Based on Newly Discovered Evidence?

A motion for a new trial based on newly discovered evidence is different from a direct appeal. You file an appeal in a higher court, while you file a new trial motion in the same trial court where you were convicted.

If you were convicted in a state court, Rule 21 of the Texas Rules of Appellate Procedure governs the motion. If you were convicted in a federal court, Rule 33 of the Federal Rules of Criminal Procedure controls it. The federal rule specifically allows a court to “vacate any judgment and grant a new trial if the interest of justice so requires.”

Regardless of whether you file a motion for a new trial based on newly discovered evidence in a state or federal court, the gist of the motion is the same. In the motion, you ask a trial court to set aside the finding or verdict of guilt in your case, or perhaps only the punishment you received, based on evidence not offered at your initial trial or sentencing.

Requirements to Secure a New Trial Based on New Evidence

Not all newly discovered evidence leads to post-conviction relief. To obtain a new trial or sentencing hearing, you generally must show:

• The evidence was unknown or unavailable to you or your attorney during your trial.
• Your failure to discover the evidence sooner was not due to a lack of due diligence.
• The evidence is material to your case or provides important, relevant information that bears on the issues of your guilt and/or punishment.
• The evidence is not merely cumulative or impeaching of a witness.
• The evidence is of such a nature that it would probably bring about a different outcome if offered at a new trial or sentencing hearing.

This standard can be a challenging one to meet. You must show that the evidence is not only relevant and favorable to you but also that it probably would have led to you receiving a not guilty verdict or a lighter sentence if you had been able to obtain it by the time your case went to trial.

Timeline to File a Motion for a New Trial Based on Newly Discovered Evidence

The defendant’s motion for a new trial based on newly discovered evidence must adhere to the applicable time limit. If you were convicted in a state court in Texas, Rule 21 requires that you file a motion for a new trial based on newly discovered evidence within 30 days after the date when the court entered your active or suspended sentence. Within 10 days of filing the motion, you must present your arguments in a hearing unless the court allows the hearing to take place later.

The trial court must rule on the motion within 75 days after imposing or suspending your sentence. If the court does not enter a written order by the time that period expires, the motion is deemed denied.

In federal court, under Rule 33, you must file the motion within three years after the verdict or finding of guilty. However, during that three-year period, you can request an extension of time “in the interest of justice.” If an appeal is pending, the court may not grant the motion until the appellate court remands the case. A federal motion for a new trial based on any other grounds must be filed within 14 days of the verdict.

Other Reasons You May Seek a New Trial

Newly discovered evidence is not the only reason for filing a motion for a new trial. Other reasons to seek a new trial or sentencing hearing in the interest of justice include:

• Legal errors significant enough to have affected the outcome of the trial, such as the improper admission or exclusion of evidence or the failure to give accurate or complete instructions to the jury
• Ineffective assistance of counsel, which could include failing to properly investigate the case and offer exculpatory evidence
• Prosecutorial misconduct, such as the failure to disclose material evidence that would have been favorable to the defendant (which are commonly called “Brady violations”)
• Juror misconduct, such as reading or viewing media coverage about the case, discussing the case with others, conducting their own research and investigation, or showing up to court while impaired by alcohol or drugs

If additional testimony or evidence could bring about a substantive change in the outcome of your case or you have other grounds to seek a new trial, an experienced criminal defense lawyer can help. Remember that trials based on newly discovered evidence may restart you at the beginning of your case, so you need an experienced criminal defense lawyer who can advocate for a better result.

How an Attorney Can Help with a Motion for a New Trial Based on Newly Discovered Evidence

An experienced criminal defense lawyer can play a critical role in filing a motion for a new trial based on newly discovered evidence. When you work with us at Broden & Mickelsen, LLP, we can help you by:

• Thoroughly investigating your case, identifying any previously unknown or unavailable evidence, and researching other grounds for relief
• Carefully preparing your motion for a new trial, with supporting affidavits and other exhibits, and filing the motion before the applicable deadline
• Presenting a compelling argument on your behalf at a hearing on the motion for a new trial
• Working with you to file an appeal if your motion is denied
• Making sure you stay informed at every stage in your case and answering your questions so that you are never left in the dark

Our lawyers are familiar with criminal appeals rules, including federal rules that apply to motions for new trials. We have extensive experience handling trial and post-conviction matters in state and federal courts.

Contact the Board-Certified Criminal Defense Lawyers at Broden & Mickelsen

At Broden & Mickelsen, LLP, we take on the toughest state and federal cases. Our attorneys are board-certified in criminal law and criminal appellate law by the Texas Board of Legal Specialization. To learn more about filing a motion for a new trial based on newly discovered evidence in Texas and discuss how we may assist you, contact us today.