What are the grounds for a motion for a new trial?
In North Carolina, a motion for a new trial is a legal remedy available to defendants who believe they were wrongfully convicted or sentenced. There are several specific grounds that must be met in order for a motion for a new trial to be granted. First, the court must find that the defendant was denied a fair and impartial trial, either due to improper jury instructions or some other error in the proceedings. Second, if new evidence has been discovered that might have affected the outcome of the case, the court may grant a new trial. Third, if the court finds that the verdict was contrary to the law or evidence presented in the case, it may grant a new trial. Fourth, if the defendant can show that some condition outside the court, such as bias or prejudice, affected the proceedings, the court may grant the motion. Finally, a new trial can be granted if the sentence imposed was excessive. In order for a motion for a new trial to be granted, the defendant must show that the grounds for a new trial have been met. The defendant must present compelling evidence that the original trial was unfair or that new evidence exists that might have changed the outcome. Ultimately, the decision to grant a new trial will be up to the court.
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