What is the difference between an appeal and a motion for a new trial?

An appeal and a motion for a new trial are two different types of legal proceedings in California criminal law. An appeal is a process where a higher court reviews the decision of a lower court and can overturn the original ruling. This means that the defendant in a criminal case can appeal a guilty verdict to a higher court and may be found innocent at a second trial. A motion for a new trial is a legal motion that can be filed after a verdict has been issued by the court. This motion requests that the verdict or sentencing be reconsidered. If a motion for a new trial is granted, the case can be reheard in the original court with a new jury. However, unlike an appeal, the original verdict cannot be overturned in a new trial. An appeal is the more common legal procedure used in criminal cases in California. It allows the opportunity for a higher court to review a lower court’s decision and determine if it was carried out according to the law. On the other hand, a motion for a new trial provides an opportunity to present new evidence that could support a more favorable outcome. Both appeal and motions for a new trial can be advantageous to a defendant, but they are two distinct legal proceedings with different purposes.

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What is the difference between an appeal and a motion for a new trial?

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