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

A motion for a new trial is a request by a criminal defendant to the court to reverse the verdict in a criminal case and grant a new trial. In West Virginia, the grounds for a motion for a new trial include newly discovered evidence, errors in the proceedings, the verdict being contrary to the evidence, or the verdict being contrary to the law. In order for a motion for a new trial to be granted, the defendant must prove that the evidence sought to be offered by the defendant or the errors in the proceedings are reasonably material and admissible in evidence. The court also must find that the newly discovered evidence that was previously unavailable was not known or could not have been discovered before the trial. The defendant must also prove that the errors in the proceedings were so significant that they prevented him/her from having a fair trial. In addition to errors in the proceedings, a motion for a new trial may also be granted if the verdict was contrary to the evidence. This means that the evidence presented in court was insufficient to sustain the charges, or that the verdict was against the weight of the evidence. Finally, a motion for a new trial may be granted if the verdict was contrary to the law. This means that the defendant was convicted of a crime that does not exist in West Virginia or that the law was misapplied to the facts of the case.

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