What are the grounds for a motion for a new trial?

A motion for a new trial in Tennessee can be made by a convicted person to the appellate court if they believe that they were wrongfully convicted or that the court made an error in the original trial. There are several grounds that must be met in order to obtain a new trial. First, the court must determine that the defendant was denied their right to effective assistance of counsel. A successful claim of ineffective assistance of counsel requires the defendant to prove both that their attorney provided counsel that was so deficient it fell below the standard of reasonable lawyers, and that the bad counsel caused the defendant to suffer prejudice. Second, the court must determine that there was prosecutorial misconduct. This could occur if the prosecutor deliberately withheld evidence that was favorable to the defense, or if they introduced false evidence. Third, the court must determine that the trial was fundamentally unfair or that the jury was biased. This could occur if the jury was exposed to evidence that should have been kept withheld, or if they were exposed to prejudicial material, such as graphic photographs. Fourth, the court must determine that the judge committed an error that may have influenced the outcome of the case. This could include the judge giving improper instructions to the jury or making other legal errors. When a defendant files for a new trial in Tennessee, the court will review the evidence presented and determine whether or not the grounds for a new trial have been met. If they have been met, the court can then grant the motion and order a new trial.

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